NATHUSINGH KUSHWAH Vs. NARAYAN SINGH

JUDGEMENT

(1.) BOTH the appeals have Vehicles Act, 1988 against the common been filed under section 173 of the Motor award dated 26.10.2006 in Claim Case No. 37 of 2006, passed by the Seventh Motor Accidents Claims Tribunal (Fast Track), Gohad, District Bhind. Because both the appeals have been filed against the same award and arisen out of the same accident, hence the appeals have been taken together and heard finally and disposed of by this common order. M.A. No. 123 of 2007 has been filed by the owner of the tractor and M.A. No. 1257 of 2006 has been filed by the insurance company.

(2.) ON 22.1.2006, deceased Girjadevi was travelling on a tractor bearing registration No. MP 33-M 6113. She was travelling on the mudguard of the tractor. Due to rash and negligent driving of the driver of the tractor, deceased Girjadevi fell down from the tractor and died on the spot. The report of the accident was lodged at the Police Station Nayagaon, District Bhind vide Crime No. 5 of 2006 for an offence under section 304-A of Indian Penal Code was registered against the driver of the tractor. The driver was tried before the Judicial Magistrate (First Class), District Bhind in Crime No. 160 of 2006. Thereafter the claimants claimed total compensation of Rs. 12,40,000 before the Claims Tribunal.

(3.) CONTRARY to this, learned counsel for the owner of the tractor has submitted that the owner is not responsible for payment of compensation.