MAHILA DHANWANTI Vs. KULWANT

JUDGEMENT

(1.) This is an appeal under Section 173 of the Motor Vehicles Act, 1988, by the claimants for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Shivpuri (for short, the 'Tribunal'), in Claim Case No. 49 of 1987 vide award dated 1-4-1992.

(2.) On receipt of the notice, National Insurance Company has preferred cross-objections under Order XLI, Rule 22, C.P.C. read with Section 151 of the Code of Civil Procedure, whereby the Insurance Company has challenged the finding of rash and negligent driving by the driver of the vehicle- tractor, M.P.H. 9754 and has also contested that as the deceased was the passenger in the tractor-trolley who was going with the marriage party, the Insurance Company is not liable to indemnify the owner/ insured. Therefore, the award passed against the Insurance Company holding it jointly liable to pay the compensation awarded by the Tribunal be set aside.

(3.) The facts giving rise to this appeal are that the deceased Sitaram was 25 years of age and was carrying on his livelihood by beating of Dhapli, a musical instrument, and was also doing the job of a labourer. On 8-5-1987, a marriage party was travelling in a trolley attached to the tractor which was going to Nayabkheda (Singhpur). At the relevant time, the tractor was being driven by Kulwant, owned by Jaswant Singh which was insured with respondent No. 3. At the place of occurrence on road, Sitaram was going ahead of the tractor as a pedestrian and was playing the Dhapli. As the tractor was in speed, because of the slope on the road near the nallah, the tractor rolled down as the driver lost control. The tractor, after dashing Sitaram, overturned, as a result of which Sitaram received multiple severe injuries. An F.I.R. (Ex. D / 2-C) was lodged at the Police Station, Bhonti, District Shivpuri by one Dayaram, son of Basanta and the injured was taken to the Government Primary Health Centre at Manpura and thereafter, to Government Hospital at Shivpuri, and then to J.A. Group of Hospitals, Gwalior, where the treatment was given, but he could not be survived and died on 15-5-1987.