UNITED INDIA INSURANCE CO. LTD. Vs. JUBEDA BEGUM

JUDGEMENT

(1.) THIS appeal has been preferred by the Insurance Company for its exoneration from the liability imposed upon it by the award dated 8.4.1999 passed by the II Additional MACT, Mandla in MCC No. 58/97.

(2.) ACCORDING to the claim petition, Irfan Khan, husband of claimant No. 1 and father of claimants No. 2 and 3 was engaged in the retail business of clothes. He used to perform it in the weekly market of rural areas. On 11.4.1990 when he was returning from village Khutas with other businessmen in truck No. MPS-6069 alongwith his goods, the truck turned turtle due to rash and negligent driving of non-applicant No. 1. He sustained serious injuries and ultimately died on 15.4.1990 due to the injuries. Claimants submitted a claim petition against the non-applicants including the present appellant since, the offending truck was insured with it.

(3.) AFTER recording the evidence learned Claims Tribunal granted an award to the tune of Rs. 2,28,600/- against the appellant. Aggrieved by the same, the present appeal has been preferred.