UNITED INDIA INSURANCE COMPANY LTD Vs. SAMMO BAI

JUDGEMENT

(1.) THE United India Insurance Company Limited has come up with the present appeal, feeling aggrieved by the Award dated 31/10/03 passed by the Seventh Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 31/02 whereby the Tribunal has directed the insurance company to first satisfy the award and later on to recover the amount from the insured of the offending vehicle.

(2.) THE case, in brief, is as follows: On 2nd July 2002, Nanne Singh was travelling from Gwalior in a trolley attached with tractor bearing registration No. MP07/HA 3471, driven and owned by Karan Singh (respondent No. 6 herein). It is alleged that when they reached near Mahal Gate, due to rash and negligent driving, the tractor with trolley turned turtle in consequence of which both the persons travelling in the trolley died on the spot. On the report the F.I.R. was lodged in Jhansi Road Police Station Gwalior. After investigation the charge-sheet was filed against the driver before the criminal court. By preferring a claim on behalf of deceased Nanne Singh under Section 166 of the M.V. Act, it was contended by his legal heris before the tribunal that the deceased was having good physique being youth of only 38 years old. He was an agriculturist and used to earn Rs. 75,000/- yearly from the agriculture produces. Therefore, in these circumstances, compensation to the tune of Rs. 15,15,000/- was claimed by the heirs of the deceased. After considering the evidence on record, the learned tribunal awarded a sum of Rs. 1,49,500/- by way of compensation to the claimants against the appellant-Insurance Company.

(3.) HEARD the learned counsel for the appellant and perused the materials.