NEW INDIA ASSURANCE COMPANY LTD Vs. MEETA DEVI

JUDGEMENT

(1.) APPELLANT -Insurance company has challenged the award dated 11.02.2014 by Motor Accident Claims Tribunal, Kaithal (hereinafter referred as 'The Tribunal') whereby 'The Tribunal' has awarded compensation of Rs. 7,17,200/ - on account of compensation to the claimants on account of death of Satbir Singh.

(2.) BRIEF facts relevant for the purpose of decision of the present appeal that on 20.03.2012 motor vehicle accident took place involving tractor trolley bearing registration No.HR -08G -8070. It is stated that Satbir Singh (since deceased) was travelling in the said tractor trolley and he was sitting in the trolley. At 4.45. p.m. when they reached near Prakash Bhatha Karnal road, one gypsy came from Kaithal side and same was being driven in a rash and negligent manner and hit against the trolley. Resultantly the tractor trolley turned turtle and Satbir Singh died on the spot. The matter was reported to the police by Dharambir. Satbir Singh was agriculturist by profession.

(3.) RESPONDENTS contested the claim petition thereby taking the plea that Satbir Singh might have sustained injury in the accident because of his own fault. False FIR was got recorded. Appellant -Insurance company took the plea and the driver of the tractor trolley was not having valid driving licence and the tractor trolley without observing the rules and regulations and prayed that claim petition be dismissed.