NATIONAL INSURANCE CO LTD Vs. GULAB KHAN

JUDGEMENT

(1.) This appeal has been filed by the appellant insurance company under section 173 of Motor Vehicles Act, 1988, against the award dated 5/11/2004 passed by the learned Second Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 21 of 2004 for modification in the award.

(2.) On 7/9/2003 claimant along with his family members had been going to his house in autorickshaw bearing registration No. MP 07-T 2476. Due to rash and negligent driving of the autorickshaw, it turned turtle and in the aforesaid accident the claimant received fracture injuries on his right hand, leg and other parts of the body. He was admitted at Maheshwari Nursing Home. Report of the accident was lodged at the police station and criminal case was also registered.

(3.) Claimant filed claim petition claiming total compensation of Rs. 6,85,000. Claims Tribunal has held that the accident occurred due to rash and negligent driving by the driver of the autorickshaw. Driver had valid driving licence and autorickshaw was insured by the insurance company. Hence, the owner, driver and insurance company are liable for payment of compensation. Claims Tribunal has awarded total compensation of Rs. 2,48,000.