NATIONAL INSURANCE COMPANY LTD. Vs. AJUDHYA BAI

JUDGEMENT

(1.) Present appeal has been preferred under section 173 of the Motor Vehicles Act, 1988 against the award dated 29-03-2003 passed by the Motor Accident Claims Tribunal Chachoda District Guna whereby the Claims Tribunal has awarded Rs. 70,000/- along with interest with the authority to pay and recover to the Insurance Company.

(2.) Precisely stated facts of the case are that around 100 persons were moving in a tractor trolley for offering prayer at Kheda Hanuman Ji Temple and tractor went turtle in which Shivcharan Singh aged 35 years suffered fatally and death has been caused. FIR was registered. Tractor was insured for agriculture purpose. Legal representatives of the deceased Shivcharan filed the claim case in which claimant No. 1 was his mother and claimant No. 2 was his brother.

(3.) Learned Claims Tribunal after considering fact situation of the case awarded Rs. 70,000/- to the claimants and held the Insurance Company and other respondents liable to pay Rs. 70,000/- along with interest jointly and severally. Against the said award, Insurance Company is before this Court.