KUSUM THAGELE Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) BOTH these appeals are arising out of award dated 24-7-2006 passed by First Additional Motor Accidents Claims Tribunal, Gwalior in claim Case No. 18/06 and, therefore, both these appeals are disposed of by this common order. Miscellaneous Appeal No. 1027/06 is filed by the claimants. Miscellaneous Appeal No. 1132/06 is filed by the Insurance Company.

(2.) FOR sake of convenience, I state the facts occurring in Miscellaneous appeal No. 1132 of 2006, National Insurance Company Limited vs. Smt. Kusum thagele and others.

(3.) BRIEF facts of the case are that on 23-8-2005, respondent No. 4 Vivek thagele, son of Balmukund was cleaning his Scorpio vehicle bearing registration No. MP 07-HA-8030, owned by the deceased Balmukund. The vehicle was parked at the courtyard of the house. While cleaning, the vehicle suddenly started and moved towards reverse side and dashed against Balmukund. Deceased Balmukund who received severe injuries on his head and on the way to district Hospital, he died. The vehicle was insured by the appellant.