UNITED INDIA INSURANCE CO.LTD. Vs. SAVITRI DEVI

JUDGEMENT

(1.) This appeal by the Insurance Company under Section 173 of the Motor Vehicles Act is directed against the award of the learned Motor Accident Claims Tribunal, Bilaspur in MAC Case No. 36 of 1999, decided on 4.5.2000.

(2.) The claimants who are the widow and children of deceased Dila Ram filed a claim petition under Section 166 of the Motor Vehicles Act in which it was alleged that on 9.11.1998 at about 6 p.m. deceased was hit by tractor No.: HP 24 -8472 and fell into the khud and died.

(3.) The owner and driver filed a common written statement in which the factum of the accident was denied. According to the owner and driver on accident with their tractor had taken place. It was alleged that the deceased might have sipped and fallen into the khud of his own. The Insurance Company in its reply took up the plea that the deceased was an unauthorized passenger travelling in the tractor and it was also argued that the vehicle was being driven by its driver who was not holding a valid driving licence. The learned Tribunal held that the death of the deceased had taken place in the accident. It further came to the conclusion that the accident was a result of rash and negligent driving of Raju Ram alias Raj Kumar. Compensation of Rs. 2,50,760/ - was awarded in favour of the claimants.