UNITED INDIA INSURANCE CO LTD Vs. SAROJ BAI

JUDGEMENT

(1.) BOTH these appeals have arisen from the award dated 27. 3. 2006 passed by the Motor Accidents claims Tribunal, Indore in Claim Case No. 68 of 2004. These appeals are, therefore, being decided by this common order at the admission stage.

(2.) THE respondent Nos. 1 to 6 filed an application under section 166 of Motor Vehicles Act to claim a sum of Rs. 45,00,000 in respect of the death of Devkaran Kajale in a motor accident in which the Tribunal awarded a sum of Rs. 7,41,271 as against the aforesaid claim of Rs. 45,00,000.

(3.) THE case stated by Saroj Bai, the respondent No. l, before the Tribunal was that while her husband Devkaran Kajale was going as a pillion rider on a motor cycle bearing registration No. MP 09-JN 4858 which was being driven by Santosh s/o Babulal Tiwari (original non-applicant No. 2), while he was so proceeding from khategaon to Bhilkhedi and had reached near Nirmal Hospital, on account of rashness and negligence of the said driver of the motor cycle, it collided with a buffalo, with the result the pillion rider was flung away and he sustained severe injuries on his head, chest and other parts of the body. He was taken to a nursing home in Khategaon where after initial treatment, he was sent to Gokuldas Hospital, Indore where he succumbed to his injuries on 9. 10. 2004.