ORIENTAL INSURANCE CO. LTD. Vs. BHAGWATI BAI

JUDGEMENT

(1.) The appellant/Insurance Company has filed the present appeal being aggrieved by award dated 07.09.2017, passed by MACT, Neemuch in Claim Case No.58/2017 whereby the appellant and respondent No.6 & 7 have been held liable to pay compensation of Rs.11.89 lac jointly and severally. The appellant/Insurance Company has assailed the impugned award only on the ground of quantum not under the ground of liability to pay compensation.

(2.) Facts of the case, are as under: That on 30.03.2017 the deceased Ramesh Chandra was driving the Tractor bearing registration No. MP-14- MA-0311. He was going from Jaora to Mandsaur. A Bus bearing registration No.RJ-09-PA-4095 belonging to respondent No.7 and driven by respondent No.6 dashed the Tractor and because of which Ramesh Chandra sustained the injury and later on died. Accident was reported to the Police Station and it was registered as Crime No.79/2017.

(3.) The respondent Nos.1 to 5 being defendants filed the claim case claiming compensation from driver, owner and Insurance Company. According to the claimants the deceased was aged about 35 years and getting the salary of Rs.9,000/- and allowances of Rs.3,000/- and accordingly he was earning Rs.12,000/- per month. Hence, they are entitled for compensation of Rs.38.00 lac from the defendants. The respondent No.6 & 7 filed a written statement denying the liability to pay compensation and appellant/Insurance Company has also filed the written statement that the said Bus did not caused any accident. The driver of the Tractor was driving the vehicle in intoxicant condition, hence, compensation is not liable to be by them. Learned MACT framed 8 issues for adjudication and the parties examined their witnesses and after appreciating evidence, it has been held that the respondent No.6 was driving the bus rashly and negligently and caused the accident and at the time of accident the vehicle was insured with the appellant, hence, they are jointly liable to pay the compensation.