L&T GENERAL INSURANCE CO. LTD Vs. JASVIR KAUR

JUDGEMENT

(1.) Aggrieved of the award dated 22.09.2015 passed by the Motor Accident Claims Tribunal, Sirsa (for brevity 'the Tribunal') in MACT Case No. 45 of 2015 under Section 163-A of the Motor Vehicles Act, 1988 (for short the 'Act'), two separate appeals have been filed. One appeal i.e. FAO No. 8031 of 2015 has been filed by the insurer and in other i.e. FAO No. 1864 of 2016 the claimants are in appeal. As both the appeals arise out of same accident and one award, these are being disposed of vide common order.

(2.) The facts of the case are that on 07.08.2013, Malook Singh was driving the tractor bearing registration No. HR-25D-0413 (hereinafter referred to as 'tractor') owned by respondent No.1 (before the Tribunal). The tractor was loaded with sand and on its way it turned turtle. As a result thereof, Malook Singh came underneath the tractor and succumbed to the injuries. His body was taken to Community Health Centre, Dabwali for getting conducted postmortem. DDR No. 17, dated 07.09.2012 was registered in Police Station City Dabwali.

(3.) A claim petition under Section 163-A of the Act was filed by the legal representatives of the deceased.