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S.K.AWASTHI
National Insurance Company Ltd. – Appellant
Versus
Bakaridan – Respondent
S.K. Awasthi, J.
The insurance company has filed this appeal being aggrieved by the award dated 13.12.2004, passed in Claim Case No. 31/2004 by Fourth Additional Motor Accident Claims Tribunal, Bhind, whereby the claim petition filed by the respondents No. 1 to 3 for compensation on account of death of Jumman Khan, the husband of claimant No. 1 and father of claimants No. 2 and 3, was allowed and compensation of Rs.1,67,000/- was awarded.
2. The facts in short are that on 22.2.2004 deceased Jumman Khan was travelling in a tractor bearing registration No. UP75-D-9403, which was owned by respondent No. 5 Shubham Tripathi, driven by respondent Gaurav Kumar and insured with the appellant-insurance company. It is alleged that in the way near Village Manpura at Police Station Kotwali Bhind, due to rash and negligent driving the alleged tractor No. UP75-D-9403 hit the stationed tractor, causing death of Jumman Khan. A First Information Report was lodged against the driver of the vehicle and after investigation, the charge sheet was filed for commission of offence punishable under Section 304-A of Indian Penal Code, 1860 before the Criminal Court.
3. The learned Tribunal after consi
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