UNITED INDIA INSURANCE CO. Vs. MUNNI

JUDGEMENT

(1.) The present appeal has been preferred by the appellant - Insurance Company under Sec. 173 of the Motor Vehicles Act, 1988, against the award dtd. 18/11/2019 passed by the learned Motor Accident Claims Tribunal, Dholpur, in Claim Case No. 36/2019. By the said award, the learned Tribunal partly allowed the claim petition filed by the claimants -respondents No.1 to 5 and awarded a compensation of Rs.66,38,800.00 along with interest at the rate of 9% per annum from the date of filing of the claim petition. The award was passed jointly and severally against the appellant -Insurance Company and non-claimant respondent No.6.

(2.) The brief facts giving rise to the claim petition are that the claimants -respondents No.1 to 5 (wife, three major children, and mother of the deceased) filed the claim under Ss. 166 and 140 of the Motor Vehicles Act, 1988, on account of the death of Vinod Kumar in a road accident that occurred on 5/12/2018. It was averred that on the said date, the deceased Vinod Kumar was returning to his village Khudila from Dholpur on a motorcycle. At about 6:30 PM, near Diholi Shramdan turn on the Dholpur -Rajakhera road, a tractor bearing registration No. UP-83- AC-9843, being driven in a rash and negligent manner, collided with his motorcycle. As a result, Vinod Kumar sustained grievous injuries and succumbed to the same. An FIR bearing No.165/2018 was lodged at Police Station Dholpur. Upon investigation, the police filed a charge sheet against the driver of the offending tractor. At the time of the accident, the deceased was 58 years old and employed as a Lab Assistant in the Education Department, Government of Rajasthan, drawing a monthly income of Rs.75,000.00.

(3.) In response to the claim petition, the non-claimant respondent No.6 (registered owner of the tractor) filed a written statement, denying the occurrence of the accident with his vehicle. It was further pleaded that the vehicle in question was insured with the appellant -Insurance Company, and therefore, any liability arising from the accident was to be borne by the insurer.