UNITED INDIA INSURANCE CO. LTD. Vs. MUNNI

JUDGEMENT

(1.) By this common order, MA No.872/2005 filed by the Insurance Company and M.A. No.1137/2005 filed by the claimants are being decided as both the appeals arise out of common Award dtd. 25/07/2005 passed by 2nd Motor Accidents Claims Tribunal, District Gwalior (M.P.) in Claim Case No.19/2004.

(2.) The facts of the case are that on the fateful day i.e. on 01/9/2004, deceased Hakeem @ Dhola was traveling in the trolley attached with the tractor bearing Registration No.MP07-HA-7652 alongwith five others namely- Betal, Rajveer Singh, Hakim Singh, Amar Singh and Kamal Singh, all residents of Village Lakhanpura, Police Station- Billowa, District- Gwalior (M.P.).

(3.) It is the case of the claimants that they had gone for selling their vegetables in the aforesaid tractor and while returning back to village Lakhanpura, because of rash and negligent driving of the driver, the tractor and trolley turned turtle, due to which, Hakeem @ Dhola died. The aforesaid tractor was owned by one Naval Kishore and was driven by Kamlesh Kushwaha.