BHANU PRASAD KACHER Vs. RAJKUMAR KOL

JUDGEMENT

(1.) Appellants have filed this appeal against the award dated 21.1.15 passed in MCC No.86/14.

(2.) The claimants pleaded that Mr Narendra Kumar Gupta was traveling in a pick-up van No. MP-53-GA-1083. He had been going from Sidhi to Sihawal along with his goods of Kirana and Vegetables. Due to rash and negligent driving of the driver of the vehicle, the vehicle became turtle. In the aforesaid accident, he received serious injuries. He was admitted at District hospital Sidhi and referred to Rewa. He died on 9.6.2010. A criminal case was also registered against the driver of the vehicle vide Crime No.125/10 at police station. The claimants claimed total compensation of Rs. 3,70,000.00. The claims tribunal, after appreciation of evidence has held that accident occurred due to rash and negligent driving of driver of the vehicle and because the vehicle was a goods vehicle and risk of the passengers traveling in the goods vehicle was not covered, hence, the Insurance Company is not liable to indemnify the insured. After considering the facts of the case, the tribunal awarded total compensation of Rs. 3,10,800.00 in favor of the claimants.

(3.) Learned Senior counsel appearing on behalf of the appellants, who are owner and driver of the offending vehicle, contended that the finding recorded by the claims tribunal that Insurance Company was not liable to pay compensation is perverse. Deceased was not traveling in the vehicle. He died when he was crossing the road. It is further contended that other claims tribunal i.e Rewa and Delhi who have considered the entire evidence in regard to other claimants, arising out of the same accident, have held that the Insurance Company is liable to pay the compensation because the injured persons were third party and accident had occurred when they were crossing the road. He further contended that the tribunal has awarded excessive compensation.