NATIONAL INSURANCE COMPANY LTD Vs. KALLOO BAI

JUDGEMENT

(1.) SINCE the matter was listed for LA. No. 2087/2004 for urgent hearing filed by the learned Counsel for respondents, the matter was finally heard with the consent of the parties,

(2.) THIS appeal has been filed by the insurer and insured, both, against the award dated 10-5-99 of the Additional Motor Accident Claims Tribunal, Lakhnadon, passed in M. C. C. No. 5/98, by which the said Tribunal has awarded a sum of Rs. 6,51,000/- to the respondents on account of the death of Hem Singh, husband of respondent No. 1 and father of respondent Nos. 2 and 3, in a motor accident.

(3.) AS per the case set up by the respondents before the Tribunal in their application under Section 166 of the Motor Vehicles Act, on 15-3-98 at about 1:00 P. M. the vehicle truck bearing registration No. MP-20-G/0277 driven by Komal Rajak (respondent No. 4) which was insured with the National Insurance Company Limited (appellant No. 1 herein), on account of rash and negligent driving, knocked the deceased Hem Singh. He was rushed to the hospital but within three or four hours he succumbed to the injuries. On account of his death, a sum of Rs. 13,08,000/- was claimed as compensation, as against which the amount of Rs. 6,51,000/- has been awarded. Feeling aggrieved, the Insurance Company and the owner of the vehicle, both have filed this appeal.