ORIENTAL INSURANCE COMPANY LIMITED Vs. PRADEEP KUMAR VERMA

JUDGEMENT

(1.) This appeal has been preferred being aggrieved by the award dated 30th June, 2003 passed by First Additional Motor Accident Claims Tribunal, Hoshangabad in M.C.C.No.16/2001, whereby the claim petition under Section 166 of the Motor Vehicles Act of respondents No.1 and 2 has been partly allowed directing the appellant and respondents No.3 and 4 to pay compensation of Rs.1,50,000/-with interest at the rate of 9% per annum for the death of Pankaj caused in a motor accident.

(2.) The facts of the case in short are that on 7th November, 2000 Chhotu @ Dharmendra allowed Pankaj, aged 13 years to sit in jeep No.MP04-H5307. He drove the jeep rashly and negligently. The jeep turned turtle and Pankaj died on the spot. This jeep was owned by Santosh Kumar Verma and insured with the appellant. The report of this incident was lodged at Police Station Babai wherein the crime No.244/2000 was registered.

(3.) The respondents No.3 and 4 submitted the written statement disputing the claim and contended that Chhotu @ Dharmendra was not driving the jeep at that time. The driver Narayan was driving this jeep. The jeep was insured with the appellant, therefore, they are not liable to pay any compensation.