- (1.) This is appeal by Iffko Tokio General Insurance Co. Ltd. against award dated 22.05.2013 passed by Motor Accident Claims Tribunal, Palwal (later referred to as 'the Tribunal') allowing compensation of Rs. 18,29,400/- for the death of Veer Singh, husband of claimant-respondent no. 1, father of claimants-respondents no. 2 to 7 and son of claimantrespondent no. 8, in a motor accident with three-wheeler bearing registration no. HR-55D-8804 (later referred to as 'the offending vehicle').
(2.) Case of claimants, in brief, is that on 16.01.2010, deceased alongwith his brother Dharambir was going from Palwal to Ballabgarh in the offending vehicle to attend their duties. Respondent no. 9-Dharambir was driver of the offending vehicle which he was driving in a rash and negligent manner at a fast speed. Near village Baghola a buffalo came on the road all of a sudden. Respondent no. 9-driver of the offending vehicle applied brakes as a result of which it overturned resulting in death of Veer Singh at the spot.
(3.) In the written statement respondent no. 9 denied the accident and similar plea was taken by the appellant-Insurance Company. An alternate plea was taken that the accident was act of God or due to negligence of the deceased who was sitting in three-wheeler at his own risk.;