NATIONAL INSURANCE COMPANY LTD Vs. SARWAVATI & OTHERS

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act') has been filed by the Insurance Company aggrieved against the judgment & award dated 19/8/2003 passed by the Motor Accident Claims Tribunal, Srikaranpur Distt. Sri Ganganagar ('the Tribunal'), whereby, the Tribunal has awarded compensation of Rs. 1,12,000/- with interest @ 9% p.a. and the appellant Insurance Company has been held responsible for payment of the compensation.

(2.) An application for compensation was filed by Smt. Sarwavati inter alia with the averments that on 10/4/1997 Dharampal, her son, aged about 20 years, was travelling in a Tractor No.RJ-13-R-1724, which was being driven by its owner Sukhraj Singh and driverBrijlal from Dhani 5M to Mandi Kesarisinghpur, which resulted in the Tractor colliding with a wall and turning turtle, wherein, Dharampal came under the Tractor and suffered grievous injuries and succumbed on the spot.

(3.) It was claimed that the deceased was a labourer and used to earn about Rs.2000/- per month and compensation to the tune of Rs.18,95,000/- was claimed. It was also indicated in the application that owner of the vehicle, Sukhraj Singh, for saving himself from criminal case has blamed the deceased Dharampal and got an FIR lodged from Patram, his partner, alleging that the Tractor was being driven by Dharampal, whereas, Dharampal did not know driving and had never driven Tractor in his life.