UNITED INDIA INSURANCE CO LTD Vs. ANANDI DEVI

JUDGEMENT

(1.) Appellant insurance company has filed this appeal against the award dated 28.7.2007 passed in Claim Case No. 73 of 2003 by First Additional Motor Accidents Claims Tribunal, Morena.

(2.) On 30.4.2001, the deceased Vishram along with other persons had been working at village Bilauwa on a thresher machine. The thresher machine was attached with a tractor bearing registration No. RJ 34-R 0514. The deceased Vishram was doing the work of threshing wheat. It is said that at one point of time the tractor was stopped and suddenly it was restarted and thereby the thresher also stopped and restarted. At that moment right leg of Vishram was crushed in the thresher machine and he received serious injuries in his right leg. He was immediately got admitted in District Hospital, Morena and subsequently at J.A. Hospital, Gwalior where he died on 7.5.2001. A report of the accident was lodged at the police station and an offence was also registered against the driver of the offending vehicle. Subsequently, the claimants-respondents filed a claim application before Claims Tribunal claiming a total compensation of Rs. 21,00,000. The Claims Tribunal has held that the accident occurred due to rash and negligent driving of the tractor by the driver. The tractor was being used at the relevant time for agricultural purpose and it was insured by the appellant insurance company. The owner, driver and insurance company are liable for payment of compensation. After assessing dependency income of the deceased, the Claims Tribunal awarded a total compensation of Rs. 4,84,500 with interest at the rate of 6 per cent per annum.

(3.) Appellant insurance company took permission under section 170 of the Motor Vehicles Act on 13.10.2003 to challenge the question of quantum and liability.