NATIONAL INSURANCE COMPANY LTD. Vs. CHANDA BAI

JUDGEMENT

(1.) This appeal has been filed by the appellant/ Insurance Company under Sec. 173(1) of the Motor Vehicles Act being aggrieved by the award dtd. 9/7/2022 passed by the Third Additional Motor Accidents Claims Tribunal, Jabalpur in M.A.C.C. No.2466/2018 whereby the Tribunal has awarded a total sum of Rs.9,11,188.00 with interest @ 6% from the date of filing of the petition till its realization in favour of claimant by way of compensation on account of death of one Sheelchand @ Sillu Patel.

(2.) The brief facts of the case are that claimants (respondents No. 1 to 4) are legal heirs of the deceased, who had filed an application under Sec. 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the death of Sheelchand @ Sillu Patel due to accident that occurred on 24/4/2018.

(3.) It is alleged in the claim case that deceased along with two other persons were loading wheat in respondent no.6 s pickup (good carriage) vehicle bearing registration number M.P. 20 GA 2856. At around 17.30 P.M, after unloading wheat when they came back towards his residence village Tikriya. The pickup vehicle was jumped up due to rash and negligent driving of respondent no.5 and deceased Sheelchand @ Sillu Patel fell down and sustained grievous injuries. He was immediately taken to Government hospital, Tikriya for treatment from where he was referred to Government Medical Hospital Jabalpur and during the course of treatment he died. The claimants alleged rash and negligent driving of the aforesaid pickup by the respondent no.5, which was owned by the respondent no.6 and insured with the appellant / Insurance Company at the time of accident.