CHOLAMANDALAM MS GENERAL INSURANCE Vs. HAJARILAL

JUDGEMENT

(1.) With the consent of both the parties, matter is heard finally at the stage of motion hearing.

(2.) This Misc. appeal has been filed by the appellant / Insurance Company under Sec. 173(1) of the Motor Vehicles Act, 1988 (in short 'MV Act') for setting aside the impugned award dtd. 30/3/2021 passed by the 2nd Additional Member, MACT, Rajgarh in MACC No.5/2018, whereby an award of compensation of Rs.16,32,200.00 has been awarded in favour of respondent No.1.

(3.) The relevant and necessary facts are that on 23/9/2017 at about 11:45 PM, while the deceased Rambabu along with his friend Peerulal was going to village Choma on a motorcycle, at that time, nearby the College, respondent No.2 / driver of the Tractor bearing Registration No. MP-70-A-0769 had driven the said vehicle at high speed rashly and negligently and hit the deceased's motorcycle, due to which 32 years old deceased Rambabu seriously injured. The vehicle was insured offending by appellant's Company.