NEW INDIA ASSURANCE CO. LTD. Vs. KALABAI

JUDGEMENT

(1.) The Insurance Company has preferred this appeal takes exception of the portion of the award dated 21.03.2003 passed in Claim Case No. 234/1998 by Member, Motor Accident Claims Tribunal (for brevity, the 'Tribunal'), Chhachoda, District Guna, whereby the appellant/Insurance Company has been fastened with the liability to satisfy the claim and make payment to the claimants. However, the liberty has been extended to the Insurance Company to recover the same from the owner and driver of the offending vehicle. It is this direction of pay and recover, which is assailed by way of present appeal.

(2.) The facts which led to filing of claim case before the Tribunal are that on 26.03.1998 the deceased Ramesh was travelling on tractor trolley bearing Registration No.R.J.28/R-3056, which was owned by the respondent No. 6 Pankaj Maheshwari and driven by the respondent No. 5 Ramswaroop Kirar. It is alleged that at about 8.00 am, due to rash and negligent driving by Ramswaroop Kirar, Ramesh fell down from the tractor trolley and due to which, he died on the spot. An F.I.R. was lodged against the driver Ramswaroop Kirar at Police Station Kumbhraj, District Guna. After investigation, the charge-sheet was filed for the commission of offences punishable under Sections 279, 337 and 304-A of Indian Penal Code, 1860 (for brevity, the 'IPC') before the concerned criminal Court.

(3.) The family members/dependents of the deceased Ramesh filed the claim petition under section 166 of the Motor Vehicles Act, 1988 (for brevity, the 'Act'), claiming compensation amounting to Rs. 17,29,800/- against the non-applicants as jointly and severally, which was decided by the impugned order dated 21.03.2003.