LAWS(MPH)-2024-4-143

LONGSHRI Vs. ASHFAQ

Decided On April 24, 2024
LONGSHRI Appellant
V/S
ASHFAQ Respondents

JUDGEMENT

(1.) Appellants/claimants have filed this appeal under Sec. 173(1) of Motor Vehicles Act assailing the impugned award dtd. 13/9/2021 passed by First Motor Accident Claims Tribunal, Gwalior in MACC No. 346/2019; whereby, appellants/claimants were held entitled to receive a compensation of Rs.11,92,778.00 for the death of Bhagwant Singh, husband of appellant No. 1, father of appellants No. 2 to 5 and son of appellant No. 6 and liability of payment of compensation amount was fastened over driver and owner of the offending vehicle.

(2.) Briefly stated facts of the case are that on 27/10/2018 at about 11.30 am when deceased Bhagwant Singh Dhanuk was coming back to his village from the house of his sister at Morar, Siddeswar Nagar on a motorcycle, it is alleged that as soon as he reached Tania Hotel, Badagaon, District Gwalior, truck coming from Dabra being driven rashly and negligently by its driver, dashed the motorcycle of deceased, due to which he sustained grievous hurts in his head and other parts of body, and succumbed to the same on spot, which gave rise to filing of claim case by the claimants (wife, children and father of deceased) before the Claims Tribunal claiming total compensation of Rs.27,00,000.00. Respondents No. 1 and 2 remained ex parte before the Claims Tribunal; however, respondent No. 3-Insurance Company filed the reply denying its liability for payment of compensation amount. After hearing both the parties and appreciating of evidence brought by respective parties, learned Claims Tribunal partly allowed the claim case and awarded compensation amount as stated hereinabove. As regards liability, Claims Tribunal found that on the that of accident no insurance policy was in existence and therefore, fastened the liability for payment of compensation amount over driver and owner of the offending vehicle.

(3.) This appeal is filed by appellants/claimants seeking relief of quashment of findings as arrived at by the Claims Tribunal regarding liability part is concerned with further direction to Insurance Company to make the payment of compensation amount first to the claimants and thereafter recover the same from owner and driver of the offending vehicles.