DEVENDRA KACHHAWAHA
New India Assurance Company Ltd – Appellant
Versus
Nathu Lal – Respondent
JUDGMENT
1. The appellant-Insurer has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'Act') to challenge judgment and award dated 20.03.2001, passed by Motor Accident Claims Tribunal, Pratapgarh (for short, 'learned Tribunal') in Civil Suit No.84/1997 titled as Nathulal & Ors. Vs. Surendra & Ors.". The learned Tribunal, by the impugned judgment and award, while adjudicating case of the claimants-respondents, has quantified and passed a award for compensation to the tune of Rs. 1,80,000/- under various heads, while holding the appellant-Insurance Company liable to pay the entire amount of compensation.
2. The facts, opposite for the purpose of this appeal, are that respondent-claimants preferred the claim petition, inter-alia, with the submission that on the fateful day of 10.05.1997, in the evening when deceased Chaina Ram, while sitting on the rear side of bonat (mudguard) of the tractor No.RJ-09/R-2572 which was coming to his village then, driver of the tractor drove the tractor rashly and negligently and due to jerk, Chaina Ram fell down and a big wheel of the tractor was passed over his head, as a result of which, Chaina Ram succumbed to death


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