NEW INDIA INSURANCE COMPANY LIMITED Vs. GYANVATI

JUDGEMENT

(1.) This miscellaneous appeal under Sec. 173 (1) of the Motor Vehicles Act, 1988 has been filed against the award dtd. 16/8/2021 passed by First Additional Motor Accident Claims Tribunal, Lakhnadaun, District Seoni in M.A.C.C. No.14/2017.

(2.) According to the Claimants, on 24/12/2016 the deceased Krishnakumar was going from Gotegaon to his house on motorcycle bearing Registration No. MP-22-MB-2953. He himself was driving. When he reached near culvert of Shyamnagar, Village Bandarjhiriya, he fell down in the pit as there was no sign of danger, accordingly, he suffered head injury and died on the spot. The respondent No. 4 was the registered owner of the offending vehicle.

(3.) It is the case of the appellant that according to the claimants the deceased was driving the motor cycle of the insurer and, therefore, he stepped into the shoes of the owner and the liability of the Insurance Company will be to the extent of Rs.1,00.000 only. To buttress his contention, the counsel for the appellant relied upon by the judgment passed by the Supreme Court in the case of Ramkhiladi and Another Vs. United India Insurance Company and Another, reported in (2020) 2 SCC 550.