ORIENTAL INSURANCE COMPANY Vs. AJIJ SHAH

JUDGEMENT

(1.) THE present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 is preferred by the appellant the Oriental Insurance Company Ltd. against the impugned Award dated 10.05.1996 passed by the Motor Accident Claims Tribunal, Malpura, District Tonk (for short 'the Tribunal') in Claim Case No. 72/94 (55/92), whereby an award to the tune of Rs. 53,000/ - has been passed in favour of the claimant/respondent.

(2.) BRIEF facts of the case are that on 07.02.1992 at about 11 a.m., a tractor bearing No. RJX -9091 belonging to Chhitar Mali was being driven Shri Kana Nai, who was minor. Kana put the tractor in back gear without giving horn or indication and crushed Jafar Shah who was behind the tractor, as a result of which Jafar Shah died in the hospital. First Information Report No. 150/92 was lodged at Police Station Diggi by Mehboob Khan. After investigation the police filed charge -sheet against Kana son of Jagdish and Chhitar son of Raghunath under Section 270, 304 IPC and Section 3/181, 5/180, 134/187 of the Motor Vehicles Act, 1988. The claimant -respondent filed a claim petition before the Motor Accident Claims Tribunal, Tonk on 23.03.1992 claiming Rs. 13,08,000/ - as compensation against the appellant and respondent Nos. 2, 3 and 4 for the alleged loss suffered by him on account of the death of his son Jafar Shah, aged 4 years due to the accident.

(3.) THE impugned Award is challenged by the appellant Insurance Company on the ground that the Tribunal has seriously erred in deciding issue Nos. 3 and 4 against the appellant Insurance Company merely on the basis that in the charge -sheet the age of Kanaram has been mentioned as 18 years. It was also not considered that Kanaram was not possessing valid licence to driver the vehicle at the time of the accident.