NATIONAL INSURANCE COMPANY LTD. Vs. BAKARIDAN

JUDGEMENT

(1.) The insurance company has filed this appeal being aggrieved by the award dated 13.12.2004, passed in Claim Case No. 31/2004 by Fourth Additional Motor Accident Claims Tribunal, Bhind, whereby the claim petition filed by the respondents No. 1 to 3 for compensation on account of death of Jumman Khan, the husband of claimant No. 1 and father of claimants No. 2 and 3, was allowed and compensation of Rs.1,67,000/- was awarded.

(2.) The facts in short are that on 22.2.2004 deceased Jumman Khan was travelling in a tractor bearing registration No. UP75-D-9403, which was owned by respondent No. 5 Shubham Tripathi, driven by respondent Gaurav Kumar and insured with the appellant-insurance company. It is alleged that in the way near Village Manpura at Police Station Kotwali Bhind, due to rash and negligent driving the alleged tractor No. UP75-D-9403 hit the stationed tractor, causing death of Jumman Khan. A First Information Report was lodged against the driver of the vehicle and after investigation, the charge sheet was filed for commission of offence punishable under Section 304A of Indian Penal Code, 1860 before the Criminal Court.

(3.) The learned Tribunal after considering the evidence on record passed the award of Rs.1,67,000/- with interest @ 6% till payment is made, as compensation for the death of Jumman Khan against the owner, driver and insurance company, which was payable jointly or severally. It is submitted by the learned counsel for the appellant that an amount of Rs.25000/- is deposited with the Tribunal by the appellant/insurance company.