VASIRUDDIN ANSARI Vs. KHIRAMATI PATEL

JUDGEMENT

(1.) The present is a owner's appeal filed under Section 173 of the Motor Vehicles Act assailing the award dated 06.08.2012 passed by the Motor Accident Claims Tribunal, Jashpur (in short, the Tribunal) in Claim Case 29 of 2010. Vide the said impugned award, the Tribunal in a death case has awarded compensation of Rs.11,50,000/- along with interest @ 6 percent per annum from the date of application.

(2.) Brief facts of the case is that, Arvind Kumar Patel, while going on a motorcycle bearing registration No.CG-15-CA-3299 being driven by the respondent No.6-Kamal Toppo, was hit by a Tractor owned by the present appellant bearing registration No.MP-27-B-5610 driven by respondent No.5-Nelson Kujur as a result of which Arvind Kumar Patel sustained grievous injuries to which he later succumbed.

(3.) The family members of the deceased filed a claim application which was decided in favour of the claimants whereby the insurance company was exonerated of its liability on the ground that the driver of the Tractor i.e. Nelson Kujur did not have license at the time of accident and the entire responsibility of payment of compensation fell upon the present appellant.