ORIENTAL INSURANCE CO LTD Vs. JUGESHWARI

JUDGEMENT

(1.) Appellant/Non-Applicant No.2/Insurance Company has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act') challenging the award dated 03.01.2014 passed by the Motor Accident Claims Tribunal Surajpur, District Surajpur, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Motor Accident Claim Case No.52 of 2002 whereby learned Claims Tribunal allowed the claim application in part and awarded a sum of Rs.6,24,000/- as compensation in a death case.

(2.) Facts relevant for disposal of this appeal, are that, on 06.03.2001, Tomsai was travelling on a Jeep bearing No.UP63/A/9563 (hereinafter referred to as 'offending vehicle') and returning to his home. On the way, offending vehicle met with an accident near Kalighat Temple on account of rash and negligent driving of its driver. In the aforementioned accident, Tomsai suffered grievous injuries over his person, he was taken to Mission Hospital, Ambikapur where during the course of treatment, he died.

(3.) The claimants, who are widow and children of deceased Tomsai filed claim application under Section 166 of the M.V. Act before the learned Claims Tribunal claiming a sum of Rs.20,00,000/- as compensation on account of untimely motor accidental death of Tomsai.