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