NEW INDIA ASSURANCE COMPANY LTD. Vs. JYOTI

JUDGEMENT

(1.) Present Miscellaneous Appeal under Section 173(I) of Motor Vehicles Act, 1988 has been preferred by the appellant-Insurance Company assailing the award dated 30/4/2013 passed by Seventh Motor Accident Claims Tribunal, Gwalior in Claim Case No. 117/2012; whereby, claimants/respondents No. 1 to 5 has been awarded a compensation of Rs. 6,63,000/- for the death of one Raghvendra Singh, who died in road accident dated 28/3/2012.

(2.) Briefly stated facts of the case are that on the fateful day of 28/3/2012, deceased -Raghvendra Singh was waiting for bus at Bhind Itawa Road for going to Itawa. While he was standing it is alleged that driver of Tractor bearing registration No. UP 75 N 1277 by driving the same in rash and negligent manner, dashed the deceased, due to which he died on spot. Matter was reported to police, upon which crime No. 39/12 was registered for offence under Section 304-A of IPC. Because of death of sole bread earner, Claimants/respondents No. 1 to 5 moved a claim application before the Claims Tribunal, and Claims Tribunal vide impugned award, awarded a compensation of Rs. 6,63,000/- to the claimants.

(3.) Learned counsel for the appellant-Insurance Company submits that as per the independent witnesses, Kalyan Singh and Rajendra Singh,whose statements were recorded by DW/1-D.R.Verma (ASI) vide Ex. D/1 and D/2, on the date of accident, deceased was travelling on tractor as passenger, therefore, Claims Tribunal erred in awarding the impugned compensation while not discussing the submissions of Insurance Company. It is further submitted that Claims Tribunal erred in appreciating the version of only eye witness produced on behalf of claimants viz. Rajkumar Singh AW/1. It is further submitted that Claims Tribunal erred in not appreciating the fact that no premium for covering the risk of the gratuitous passenger was paid as per Insurance Policy. In support of his arguments, learned counsel for the appellant relied upon the decision of this Court in the matter of National Insurance Company Ltd. Vs. Malti Devi and Ors., 2018 (1) MPLJ