NEW INDIA ASSURANCE CO LTD Vs. JANKI AHIRWAR

JUDGEMENT

(1.) THIS appeal has been filed by the appellant insurance company under section 173 of the Motor Vehicles Act, 1988 against the award dated 16.4.2007, passed by the First Member, Motor Accidents Claims Tribunal, Datia, in Claim Case No. 45 of 2006.

(2.) THE claimant submitted in his claim application filed before the Claims Tribunal that on 27.3.2006, he was travelling in a trolley, bearing registration No. MP 07-H 5321, which was attached to a tractor bearing registration No. UP 93-F 6099. He was going to have a darshan of Mata Ratan- garh. Due to rash and negligent driving of the driver of the tractor the tractor turned turtle and trolley attached to the tractor also turned turtle. In the aforesaid accident the claimant received serious injuries.

(3.) THE Hon'ble Supreme Court in the case of United India Insurance Co. Ltd. v. Serjerao, 2008 ACJ 254 (SC), with regard to liability of the persons travelling in a trolley has held as under: