NATIONAL INSURANCE CO. LTD. Vs. BONDARYAJI

JUDGEMENT

(1.) This MA has been preferred to challenge the award dtd. 5/7/2004 passed by Member Addition Motor Accident Claim Tribunal, Multai, District Betul in MACC No.44/2003. Under this award, the claim petition of respondents No.1-5 was allowed both against appellant and respondents No.6-7 to pay under their joint and severe liability a compensation amount of Rs.5,46,000.00 along with interest and cost.

(2.) Brief facts of the case are that deceased Raju was working as driver in the construction company of the respondent No.7 and on 23/2/2002, he was crushed under the arm of JCB machine which was being driven rashly and negligently by respondent No.6. A criminal case was registered against respondent No.6 and he was convicted also on account of his admission of guilt. Raju died of injuries sustained in the accident. It was claimed that he was a skilled worker earning Rs.44,000.00 per month and a claim petition was filed under Sec. 163-A of Motor Vehicle Act for seeking a compensation amount of Rs.6,65,900.00

(3.) The learned Tribunal partially allowed the claim petition after holding the trial and awarded a sum of Rs.5,46,000.00 along with interest and cost.