NATIONAL INSURANCE COMPANY LIMITED Vs. RAINKI BAI

JUDGEMENT

(1.) Feeling aggrieved by the award passed by XIIth Additional Motor Accident Claims Tribunal, Jabalpur in Claim Case No. 488/94, awarding a sum of Rs. 77,200/- to the legal representatives of the deceased Niranjan Singh towards compensation under the provisions of Motor Vehicles Act, 1988, the insurer is in appeal.

(2.) The factual matrix as portrayed in the petition is that the respondents No. 1 to 3 as claimants filed an application before the Tribunal forming the subject matter of claim case No. 488/94 pleading inter alia, that Niranjan Singh, the husband of respondent/Claimant No. 1 and father of other two respondents/claimants Nos. 2 and 3 was working in a tractor hearing registration No. MOK-9446 belonging to respondent No. 4. On 7-1-1991, while he was moving in the tractor in course of his employment due to rash and negligence driving of Ashok Singh, the respondent No. 5, he fell down and expired. It has been further putforth in the petition that he was getting Rs. 40/- per day as wages and he was aged about 30 years at the time of the accident. With these factual assertions a claim for compensation of Rs. 4,86,000/- was advanced before the Tribunal which included Rs. 20,000/- towards mental agony and Rs. 2,000/- for funeral rites.

(3.) The claim of the claimants was resisted by the owner as far as it related to negligence and reshness on the part of the driver. It was averred by the owner that victim was earning Rs. 20/- per day. Further stand taken by him that the tractor in question was insured with National Insurance Co. and, therefore, the insurer was to indemnify him.