GANBAI Vs. GANPAT

JUDGEMENT

(1.) THIS appeal, under Section 173 of Motor Vehicles Act, has been filed by the appellants/claimants for enhancement of the sum awarded to them vide award dated 3.2.2001, passed by the learned Member, Motor Accident Claims Tribunal, Kukshi District Dhar (M.P.) in Claim Case No. 20/99.

(2.) ON 5.1.1999 deceased Bondarsingh was driving the tractor bearing Registration No. MP-11/5088, owned by respondent No. 1 Ganpat. The said tractor was insured with respondent No. 2, at the relevant point of time. Deceased Bondarsingh was driving the aforesaid tractor under the employment of respondent No. 1 when at about 1. a.m. the tractor turned over a valley. Deceased Bondarsingh received injuries in the accident and succumbed to the same. His legal representatives and dependents preferred a claim demanding Rs. 4,25,000 as compensation for the loss caused to them due to the death of the deceased. The learned Tribunal by the impugned award allowed the claim of the claimants in part only and passed an award of Rs. 1,75,000 in their favour against respondent No. 1 Ganpat only. Hence, the claimants/appellants have filed this appeal challenging the quantum of the award as well as finding of the learned Tribunal exonerating the respondent No. 2 Insurance Company from its liability.

(3.) AS regards the liability of respondent No. 2 Insurance Company, insured, tractor owner Ramesh has not filed any appeal against the part of the award exonerating the Insurance Company from its liability. The learned Tribunal has held that the deceased/driver of the tractor was not having any driving licence, this finding is against and adversely affects the interests of the insured, the tractor owner. But, he, for the reasons best known to him, has not chosen to challenge the exoneration of the Insurance Company. In the facts and circumstances of the case it will be appropriate to direct the Insurance Company to make payment of the amount of award payable to the appellants and giving them right to recover the same from the insured/tractor owner.