NATIONAL INSURANCE COMPANY LIMITED Vs. SANTOSH JYOTISHI

JUDGEMENT

(1.) This Miscellaneous Appeal under Sec. 173(1) of the Motor Vehicles Act 1988 has been filed by the appellant/Insurance Company being aggrieved with the award dtd. 2/2/2022 passed by learned Fourth Motor Accident Claims Tribunal, District Mandla (M.P.) in Motor Accident Claim Case No.573/2018, whereby, the learned Tribunal has awarded a sum of Rs.39,85,292.00 (Thirty Nine Lakhs Eighty Five Thousand Two Hundred Ninety Two) with interest @ 9% from the date of filing of petition till the date of payment.

(2.) Brief facts of the case are that on 30/10/2016 at about 06.00 P.M. deceased Rishabh being a pillion rider, was riding with respondent No.3 on the motorcycle, when they reached near Danitola tiraha, respondent No.3 while driving motorcycle turned the motorcycle rashly and negligently, due to which the motorcycle slipped and the deceased got injury on his head and was taken to Bichhiya Hospital and after that District Hospital, Mandla, from where he was referred to various hospitals for treatment, but ultimately on 8/5/2017 he died. The claimants filed a claim petition before the Tribunal claiming compensation on account of death of Rishabh, who died in motor vehicle accident.

(3.) Respondent No.3 and 4/non-applicant Nos. 1 and 2 (driver and owner of the offending vehicle) by filing written statement denied the averments mentioned in the claim petition. It was alleged that no such incident has been caused by non-applicant No.1 by driving the vehicle rashly and negligently. Although, if any such incident is found proved, then non-applicant No.3-Insurance Company is liable to pay the compensation as on the alleged date of incident, the vehicle in question was insured with the non-applicant No.3-Insurance Company.