RAMA BAI Vs. AMIT MINERALS

JUDGEMENT

(1.) Preferred by the appellant-claimants, the present Appeal is directed against judgment and award dtd. 11/6/2020 of the High Court of Chhattisgarh, Bilaspur in M.A. (C) No. 876 of 2013, whereby the High Court enhanced the compensation payable to the appellant-claimant and absolved respondent No. 3 - Insurance Company from the liability to pay the amount, fastening the same on respondent Nos. 1 and 2 - driver and the owner respectively.

(2.) The case and grievance of the appellant is that the High Court ought to have applied the doctrine of "pay and recover" requiring the Insurance Company to satisfy the amount of compensation to the claimant and subsequently allow the Insurance Company to recover the amount in accordance with law.

(3.) The appellant happens to be the mother of one Nand Kumar who died in a vehicular accident that occurred on 13/10/2011. A truck bearing registration No. CG-04-J-1233 driven by respondent No. 1 met with an accident with a tractor-trolley, tractor bearing separate registration No.CG-04-DM-9357. The said Nand Kumar was a conductor in the truck who died succumbing to injuries suffered in the accident.