BABLU Vs. ABHILASHA

JUDGEMENT

(1.) Owner and Driver of the offending vehicle has approached this Court vide present Appeal under Section 173(1) of the Motor Vehicles Act, 1988 against the Award dated 10.11.2014 whereby Rs.5,41,000/- has been awarded in lieu of death of one Prabhu Singh who died on 25.10.2011 having run over by offending Tractor bearing registration No.MP 15 AA 7192 while exonerating the Insurance Company from the liability on a finding that the offending vehicle was operated contrary to the insurance policy as the deceased was found sitting on the mud-guard of the offending vehicle from where he fell down and run over. Appellant takes exception to findings arrived at by the trial Court on the ground of being contrary to evidence led on behalf of applicant/appellant; wherein, the witnesses have stated in clear terms that the deceased was run over by offending vehicle while he was standing by the side of road.

(2.) It is contended that the Claims Tribunal committed gross error in placing reliance on FIR rather on the statement of PW-2, an eye witness.

(3.) The relevant finding recorded by the Claims Tribunal are in paragraphs 12 to 19. In paragraphs 18 and 19 the Claims Tribunal found :