UNITED INDIA INSURANCE CO LTD Vs. ANGURI DEVI

JUDGEMENT

(1.) -The appellant insurance company has filed this appeal under section 173 of the Motor Vehicles Act, 1988 against the award dated 14.3.2005, passed by the Second Additional Motor Accidents Claims Tribunal (Fast Track Court), Datia, in Claim Case No. 12 of 2004.

(2.) On 17.2.2004, at around 4 o'clock, the deceased Narayan Kushwah had been travelling in a tractor bearing registration No. MP 32-M 4132. It is alleged that due to rash and negligent driving of the driver of the tractor, the tractor turned turtle and in the aforesaid accident, the deceased died. Report of the accident was lodged at the police station and the police registered an offence under section 304-A of Indian Penal Code vide Crime No. 35 of 2004 against the driver of the tractor. Thereafter the claimants filed the claim application before the Claims Tribunal claiming total compensation of Rs. 26,64,000.

(3.) The Claims Tribunal had held that deceased was travelling in the tractor. Due to rash and negligent driving of the driver of the tractor, the deceased died. The tractor was insured by the non-applicant No. 3 insurance company for agriculture purpose, hence, the driver, owner and the insurance company are jointly and severally liable for payment of compensation and awarded a total compensation of Rs. 3,60,000.