NETIONAL INSURANCE CO.LTD. Vs. MANI RAM

JUDGEMENT

(1.) The Insurance Company has preferred the above titled two appeals seeking quashing of a common judgment and award dtd. 10/4/2018 rendered by the learned Motor Accident Claims Tribunal, Sujangarh, District Churu, whereby, in Claim Case No. 33/2013 and Claim Case No. 34/2013, compensation of Rs.8,70,000.00 and Rs.9,20,000.00, respectively was awarded to the claimants therein. Vide this common order and judgment, both the appeals are being disposed of.

(2.) Brief facts first. On 6/4/2013, the deceased Pukhraj and Vikam were traveling from Sujangarh to Salasar on a motorcycle bearing registration number RJ-44-SA-0306. The motorcycle was being driven by the deceased Pukhraj. At around 10:00 p.m., when they reached near Bhivsar Pyau on the SujangarhSalasar road, a tractor bearing registration number RJ-10-RA-3386 came from the opposite direction (from Salasar side). The tractor was being driven by Respondent No.1, Sukharam, allegedly at a very high speed and in a rash and negligent manner. The tractor suddenly came to the wrong side and hit the motorcycle. As a result, Pukhraj died on the spot, and Vikam died later during treatment at Kalyan Hospital, Sikar.

(3.) The tractor was/is registered in the name of Respondent No.2 - Smt. Parmadevi, and insured with Respondent No.3 - the insurance company.