UNITED INDIA INSURANCE CO LTD Vs. RATI RAM

JUDGEMENT

(1.) APPELLANT -Insurance Company has challenged the award dated 17.11.2006, passed by the Motor Accident Claims Tribunal, Faridabad (hereinafter to be referred as 'The Tribunal'), whereby 'The Tribunal' awarded the compensation of Rs. 2,00,000/ -, on account of death of Dhanraj in road motor vehicular accident.

(2.) RELEVANT facts for the purpose of decision of the present appeal that claimants -Rati Ram and Smt. Shakuntla (parents), had filed the claim petition on account of death of their son Dhanraj in an automobile accident on 28.06.2004 at 4.00 PM. As per claimants -respondents, Rati Ram along with Dhanraj and Surjeet were present at the tube -well on fields adjacent to Palwal Aligarh Road. The employees of DHBVN were replacing the old electric wires with new electric wires from Kothra of Prem to Kothra of Jaipal. Rewati, while driving his tractor bearing registration No.HR -50 -5990 in a rash and negligent manner came at very fast speed from the side of Aligarh (Yamuna Bridge side) and got entangled with the electric wires and uprooted electric poll, hitting Dhanraj and same resulted into death of Dhanraj on the spot. The matter was reported to the police.

(3.) THE claimants filed the claim petition. The same was contested by the respondents. 'The Tribunal' framed issues and after recording the evidence, awarded compensation of Rs. 2,00,000/ - and the liability was fastened upon Rewati (driver), Ram Pal, Khem Chand (coowners) and appellant -Insurance Company i.e. United India Insurance Company Ltd., being insurer of tractor.