SHRIRAM GENERAL INS. CO. Vs. RADHA DEVI

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the claimants/ respondent nos.1 to 4.

(2.) This appeal has been filed by Shri Ram General Insurance Co. Ltd. (hereinafter referred to as 'Insurance Company') against the judgment/ award dtd. 8/4/2019 passed by learned Additional District Judge-V-cum MACT, Munger (hereinafter referred to as 'Learned Tribunal') in Claim Case No.11 of 2017 whereby the learned Tribunal was pleased to direct the appellant/ Insurance Company to pay Rs.11,93,000.00 with interest @ 6 % per annum from the date of filing of the claim petition i.e. 2/6/2017 till the date of realization after adjusting Rs.50,000.00, if already paid to the claimants under Sec. 140 of Motor Vehicle Act. The liberty has been granted to the appellant/ Insurance Company to recover paid compensation amount according to law from the owner of the vehicle on the ground that owner has no valid permit and the owner of the vehicle handed over the vehicle to a driver who had no licence.

(3.) The facts, in brief, are that an accident took place near Vaura Bridge of Gangta Main Road in the night on 26/3/2017. The Tractor with trailor was coming from Jamui to Ramankabad loaded with Iron rods and plywood boards was turned down due to rash and negligent driving by the driver resulting the death of cleaner Premshankar Modi of the said tractor on the spot. A case under Sec. 279/304A of Indian Penal Code was lodged vide Lakhimpur Police Station Case No.43 of 2017 dtd. 27/3/2017, post-mortem of deceased was conducted and after investigation charge sheet has been submitted against Phantoosh Kumar, driver of the offending tractor.