NEW INDIA ASSURANCE CO LTD Vs. SONERAM

JUDGEMENT

(1.) These three appeals have filed by the Insurance Company under Section 173 of the Motor Vehicles Act, 1988 against the common award dated 15th September, 2006 in Claim Cases No. 139/2006 and No. 140/2006 and 141/2006, passed by the President, Motor Accident Claims Tribunal, Morena. All the three appeals have been arisen out of the common award, hence, the appeals have been taken together and heard together finally. The question of challenge the award in the aforesaid appeal is with regard to liability of the Insurance Company for payment of compensation.

(2.) On 18th October, 2001, at around 12.15 in the noon, claimants and deceased Ramkaran had been going in a tractor trolley, bearing registration No. C.P.C. -9787. The tractor was being used for transporting bricks from bricks-kiln. Due to rash and negligent driving of the driver of the tractor, a standing date tree (Khajoor tree) fell over the tractor. In the aforesaid accident, one person, namely, Ramkaran was died and other labourers received serious injuries. Report of the accident was lodged at the Police Station Banmore and vide crime No. 205/01, an offence under Section 279, 337, 204-A of IPC has been registered Charge-sheet was filed before the J.M.F.C., Morena.

(3.) The dependents of deceased Ramkaran filed in claim application No. 139/06 before the Claims Tribunal claiming total compensation of Rs. 20,10,000/-. Other two labourers, namely, Devi Singh and Raju, who received injuries also filed claim applications No. 140/06 and 141/06 respectively.