KALPANA DEVI PANDEY Vs. GABBAR SINGH BAGHEL

JUDGEMENT

(1.) The appellants have filed this appeal under section 173 of the Motor Vehicles Act, 1988 against the award dated 24.4.2003, passed by the Third Additional Motor Accidents Claims Tribunal, Gwa- lior in Claim Case No. 57 of 2002, for enhancement of compensation. The insurance company has also filed a cross-objection questioning its liability to indemnify the insured.

(2.) On 12.5.2002, the deceased Ramesh- war Dayal Pandey was going to Ramdas Ghati on his scooter bearing registration No. MP 07-0110. He was dashed by a tractor bearing registration No. CPG 3189. In the aforesaid accident, the deceased died. Report of the accident was lodged at the Police Station, Bahodapur, District Gwa- lior and the police registered an offence under sections 304-A and 337 of Indian Penal Code, vide Crime No. 163 of 2002 against the driver of the tractor. Initially, claimants filed claim application under section 163-A of the Motor Vehicles Act before the Claims Tribunal claiming total compensation of Rs. 26,20,000, subsequently, the claim application has been converted under section 166 of the Motor Vehicles Act.

(3.) The Claims Tribunal held that the accident occurred due to rash and negligent driving of the driver of the tractor bearing registration No. CPG 3189. The tractor was insured at the relevant time by the non-applicant No. 3 insurance company, hence the driver, owner and the insurance company are jointly and severally liable for payment of compensation. After considering the evidence on record of the case, the Claims Tribunal awarded a total compensation of Rs. 3,51,000 in favour of the claimants.