KAPSI YADAV Vs. PRADEEP ALIAS BABLU

JUDGEMENT

(1.) THE appeal has been filed by the claimants being aggrieved by impugned award exonerating the insurer awarding sum of Rs. 1,36,334/-saddling the liability upon the financier/state Bank of Indore, apart from driver and owner of the vehicle. The claimants have come in the appeal for enhancement of compensation whereas the State Bank of Indore has preferred cross-objection in respect of saddling the liability upon it as per award passed by the Tribunal.

(2.) THE claimants submitted that deceased Ramkaran was travelling in the tractor trolley, driven by respondent No. 1 Pradeep @ Bablu, owned by respondent No. 2 Santosh Kumar Tiwari, insured with respondent No. 4 the new India Assurance Co. Ltd. and financed by respondent No. 3 State Bank of indore. The tractor was driven in rash and negligent manner due to that ramkaran (aged about 35 years) fell down from the tractor trolley and sustained injuries and succumbed to them. Compensation of Rs. 7,00,000/- was claimed.

(3.) THE owner and driver of the tractor trolley denied the factum of the accident, deceased boarded the tractor trolley while he in was badly drunken condition and was trying to jump from the trolley again and again. Ultimately, he jumped from the trolley and sustained injuries and succumbed to them. Deceased was not booking agent for sending the bus for religious travels. The claimants were not dependent on the earning of the deceased. The insurer contended that vehicle was not insured on the date of accident. The State Bank of Indore did not file any reply, it remained ex parte.