IFFCO TOKYO GENERAL INSURANCE CO.LTD. Vs. GHASIRAM

JUDGEMENT

(1.) This appeal by Insurance Company takes exception of the portion of the award dated 28.8.2014 passed in Claim Case No.02/2013 by Member, Motor Accident Claims Tribunal (for brevity, the 'Tribunal'), Sironj District Vidisha, whereby the appellant/Insurance Company has been hastened with the liability to satisfy the claim and make payment to the claimants. However, the liberty has been extended to the Insurance Company to recover the same from the vehicle owner and driver. It is this direction of pay and recover, which is assailed by way of present appeal.

(2.) The facts which lead to filing of claim case before the Tribunal are that on 19.7.2011, at around 8.45 pm, Lajwanti, the wife of the claimant/respondent No.1 Ghasiram, along with her daughter Preeti was going to natural call when the offending vehicle Sujuki Motorcycle having registration No. MP40-MF-1208 rashly and negligently driven by driver Dharmendra Singh, dashed the wife of respondent No.1, due to which she succumbed to the head injury during treatment in hospital. The incident was duly reported to the Police Station Pathariya and FIR bearing Crime No.98/2011 was registered for the commission of offence punishable under Sections 279, 337, 338 and 304-A of Indian Penal Code, 1860 (for brevity, the 'IPC'). The police later filed charge sheet before the competent court where the trial is pending.

(3.) The family members/dependents of deceased Lajwanti filed the claim application under Section 166 of the Motor Vehicles Act, 1988 (for brevity, the 'Act'), claiming compensation amounting to Rs.19,58,000/- against the non-applicants as jointly and severally, which was decided vide impugned award dated 28.8.2014. Being aggrieved by the finding recorded by the Tribunal, appellant IFFCO Tokyo General Insurance Company Limited has filed the instant appeal.