NATIOOAL INSURANCE CO LTD Vs. LACHHIBAI

JUDGEMENT

(1.) This appeal has been preferred by the insurer aggrieved by an award dated 27.11.1999 passed by 3rd Addl. Motor Accidents Claims Tribunal, Chhindwara in Claim Case No. 90 of 1998.

(2.) On 27.5.1998 deceased Lakkhu was travelling in an autorickshaw No. MP 28-T 0307, when it reached near Piparia Naka, owing to rash and negligent driving of Ravi, same turned turtle, deceased Lakkhu sustained serious injuries and died on the spot, report was lodged at the concerned Police Station, Chand, criminal case was registered. Age of deceased was 50 years, he was earning a sum of Rs. 4,000 per month as per the claimants, compensation of Rs. 7,25,000 was claimed.

(3.) The owner and driver in their written statement admitted the factum of accident, however, negligence on part of the driver was denied, it was contended that all of a sudden, autorickshaw turned turtle, the deceased himself was negligent.