NEW INDIA ASSURANCE COMPANY Vs. NARAYAN SINGH

JUDGEMENT

(1.) Both the appeals have been filed under Section 173 of the Motor Vehicles Act, 1988 against the common award dated 26th October, 2006, in Claim Case 37/06, passed by the Seventh Motor Accident 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 off this common order. M.A. No. 123/ 07 has been filed by the owner of the tractor and M.A. No. 1257/07 has been filed by the Insurance Company.

(2.) On 22nd January, 2006 deceased Girjadevi had been travelling in a tractor bearing registration No. M.P. 33M/6113. She was travelling over 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. 5/2006 for an offence under 304-A of I.P.C. was registered against the driver of the tractor. The driver was tried before the Judicial Magistrate (First Class), District Bhind in Crime No. 160/06. Thereafter the claimants claimed total compensation of Rs. 12,40,000/- before the Claims Tribunal.

(3.) The Claims Tribunal has held that the accident occurred due to rash and negligent driving of the driver of the tractor. The tractor was insured by the Insurance Company and awarded a total compensation of Rs. 1,77,000/-. The Claims Tribunal further held that the Insurance Company shall pay the amount to the claimants and it can recover from the owner of the tractor.