NATIONAL INSURANCE COMPANY LTD. Vs. MUKANDI

JUDGEMENT

(1.) The appellant-insurance company/original non-claimant No. 2 has filed this Misc. Appeal under section 173 of the Motor Vehicles Act, 1988 against an award dated 2.8.2006 passed by the First Additional Member, M.A.C.T., Hoshangabad in Claim Case no. 213/2005, whereby an award for compensation of Rs. 2,71,700.00 has been passed in favour of present respondents No. 2,4 and 5/original claimants, Kosabai, Savita and Sanju respectively and jointly and severally against the appellant-insurance company and respondent No. 6/nonclaimant No. 1 Nanhu Patel alias Brijendra Prasad Gaur and the above mentioned compensation is directed to be paid with interest at the rate of Rs. 6 percent per annum, if paid within one month from the date of award, otherwise at the rate of Rs. 9 percent per annum.

(2.) Admittedly, on the date of incident i.e. 27.10.2005, tractor bearing registration No. M.P.05M-1940 was registered in the name of original non-claimant No. 1 Nanhu Patel alias Brijendra Prasad and it was insured with the appellant/original non-claimant No.

(3.) Present respondents No. 1 to 5, Mukandi, Kosabai, Sukhram, Savita and Sanju as claimants filed a claim under Sec. 166 of the Motor Vehicles Act on pleadings that on the above mentioned date of incident about 25 years old Vishram was being taken by the original non-claimant No. 1 Nanhu Patel alias Brijendra Prasad for labour work by above mentioned tractor, which was being driven by non-claimant No. 1 Nanhu alias Brijendra Prasad himself. Due to rash and negligent driving of Nanhu alias Brijendra Prasad, in the way Vishram had fallen on earth from the tractor and was crushed by the wheels of the tractor and trolly and died on the spot. The above mentioned claimants No. 1 and 2 are parents, claimant No. 3 was brother and claimants No. 4 and 5 are daughter and son respectively of deceased Vishram and were dependent on the income of Vishram. Vishram was earning annual income of Rs. 60-70.00 thousand from business of milk and labour work. On a report of relating accident, criminal case was registered against nonclaimant No. 1 at Police Station concerned. Nonclaimant No. 1 Nanhu alias Brijendra Prasad as driver and owner of the tractor concerned and the appellant being insurer are jointly and severally liable for payment of compensation to the claimants. Under different heads mentioned in the claim petition, in total, an award of Rs. 60,25,000.00 was prayed against both the non-claimants.