NATIONAL INSURANCE COMPANY LTD Vs. VIDHYABAI

JUDGEMENT

(1.) This appeal is preferred by the Insurance Co. challenging the Award dated 16/3/00, passed by the Member Judge of the Motor Accident Claims Tribunal, Vidisha in Claim Case No.97/98 whereby the Claims Tribunal has awarded a sum of Rs.2,68,000/- towards compensation for the death of deceased Harnam Singh s/o Harprasad, aged around 32 years.

(2.) According to the claimants, on 15/2/97, deceased Harnam was travelling in a trolley attached to tractor bearing registration No. MP08-A-6071 alongwith other persons for going to attend a marriage ceremony. The driver of the tractor was driving the said vehicle rashly and negligently due to which Harnam Singh fell down from the tractor and sustained injuries. He died in the incident. Hence, his L.Rs.filed an application for compensation. According to them, the deceased was working in a Casheriya Concrete Product Ltd. and was earning Rs.1936/- per month. The Claims Tribunal assessed the compensation of Rs. 2,68,000/- and awarded compensation accordingly. Hence, this appeal.

(3.) The Insurance Co. has filed this appeal against the findings of the Claims Tribunal that the Insurance Co. is jointly and severally liable for payment of compensation alongwith the owner and driver of the vehicle while the claimants have filed cross-objections registered as I.A.No.8517/08 for enhancement compensation.