SHRIRAM GENERAL INSURANCE CO.LTD. Vs. MANGU KHAN

JUDGEMENT

(1.) Both the appeals have been filed against the award dtd. 23/6/2005 passed by the claims tribunal in claims case No.32/2013.

(2.) M.A. No.1573/2015 has been filed by the insurance company against the quantum of compensation as well as against the direction for pay and recover and owner has filed MA No.2294/2015 against the direction to the extent that the insurance company may recover the compensation from owner after its payment to the claimant.

(3.) The short facts relevant to the dispute are that on 5/5/2011 the deceased Imaami Khan had taken truck No.MP09-KA-9401 to Gangahotri Soyabean Plant, Pachore for loading 'Choori'. He parked his truck according to his number at godown of the said Plant. When he was going outside of the gate between 3 to 4 O' clock in the after noon, before he could have completed 3-4 steps, respondent No.1 reversed his truck No.MP11-A-5157 without there being any indication or horn because of which Imaami Khan came under the rear tyre of the said truck. He sustained grievous injuries. He was rushed to government hospital, Pachore from where he was referred to Bhopal and while on the way to Bhopal he died. An F.I.R. was lodged at Crime No.56/2011 at police station-Karanwas under Ss. 279, 338 and 304 A of IPC.