BAJAJ ALLAINZ GENERAL INSURANCE COMPANY LIMITED Vs. RAMBALI CHHOTU RAM

JUDGEMENT

(1.) Being aggrieved by the award passed by the Additional Motor Accident Claims Tribunal, Pratappur, District - Surajpur, (C.G.) (in short "˜the Tribunal') dtd. 29/1/2015 in Motor Accident Claims Case No.45/2012, this appeal has been preferred by the appellant/Insurance Company. The learned Claims Tribunal in its order dtd. 29/1/2015 has awarded compensation of Rs.4,54,000.00 in favour of the claimants/respondent No.1 to 4 and fastened the liability on the appellant/Insurance Company. Hence, this appeal has been preferred by the appellant/Insurance Company.

(2.) As per the pleadings made in the claim application, on 12/7/2010, respondent No.1 and his wife Smt. Amrita Kunwar (decesed) were waiting for a bus in road side and at the same time, respondent No.6 the driver of the tractor-trolley bearing registration No.CG 15 AE 0249 and CG 15 AE 0250 (for short "˜the offending vehicle') drove the said vehicle in a rash and negligent manner and dashed Smt. Amrita Kunwar (deceased) due to which she sustained injuries, and later on during course of treatment she died. First Information Report (Ex.P-2) was lodged against the driver of the offending vehicle/respondent No.6. At the time of accident, the deceased Amrita Kunwar was aged about 35 years and she was getting Rs.6,000.00 per month from her profession.

(3.) Respondent No.5 and 6 are the owner and driver of the offending vehicle respectively. In their written statement, they denied the averments made in the claim petition. It was further pleaded by them that the offending vehicle was insured with the Insurance Company, so if any liability arises, then the said liability would be fastened upon the Insurance Company. It is further pleaded that at the time of the accident, the driver was having valid and effective driving license, so there is no breach of insurance policy on their part.