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2023 Supreme(Online)(MP) 8832

HIGH COURT OF MADHYA PRADESH
Iffco Tokiyo General Insurance Co.Ltd. – Appellant
Versus
Ram Singh Keer – Respondent


Advocates:
N.S.Ruprah,

Appellant-Insurance Company has preferred this appeal under

Section 173 of the Motor Vehicles Act, 1988 being aggrieved by the

award dated 22.12.2010 passed by learned Motor Accidents Claims

Tribunal, Hoshangabad (M.P.) in MACC No.16/2010, whereby learned

Tribunal has awarded Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand

only) with interest of 6% per annum from the date of filing of claim

petition and thereafter, if the payment is not made within two months

then the insurance company shall be liable to pay interest @7% per

annum.

2.

Brief facts of the case are that the son of respondent Nos.1 and 2

namely Raja aged about 8 years had died in an accident dated

28.09.2009 by a vehicle (Jeep) bearing Registration No.MP-49-0438.

The offending vehicle was being driven in rash and negligent manner by

respondent No.4 as a result of which Raja was died on the spot. Report

of the incident was lodged at Police Station – Hoshangabad. After

investigation, challan was filed against the respondent No.4 under

Section 304-A of the Indian Penal Code and a criminal case was

registered before the Court of Chief Judicial Magistrate, Hoshangabad

3

(M.P.) having jurisdiction of the case. Being l

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