NATIONAL INSURANCE COMPANY LIMITED Vs. GOVIND KUMAR

JUDGEMENT

(1.) All these Appeals have been preferred by the Appellant/National Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988'), which arise out of an accident occurred on 27.02.2011 and are being disposed of by this common order. The parties to these Appeals shall be referred hereinafter as per their description in the trial Court.

(2.) Briefly stated, the facts of the case are that on 27.02.2011 at about 10.00 p.m, deceased Salikram, while driving the tractor, was returning along with others from village Tilda and was hit vehemently when he reached near the village Chicholi from its opposite side by the offending vehicle 'truck', which was owned by Non-Applicant No.2, Gopi Nashine and was insured with Non- Applicant No.3, National Insurance Company Limited (the Appellant herein). At the relevant time, the alleged offending vehicle was being driven rashly and negligently by its driver namely Thakur Lal Sahu, Non-Applicant No.1, as a result of which, said Salikram died on the spot, while others got injured badly.

(3.) On account of the aforesaid accident, the Claimants, being the legal representatives of the deceased Salikram, instituted a claim Petition under Section 166 of the Act of 1988 claiming compensation to the tune of Rs.10,80,000/- under various heads by alleging inter alia that the deceased Salikram was a driver by profession and used to earn Rs.7,000/- per month. The said claim was registered as Claim Case No.77/2011, while the claim instituted by injured Udayram and Govindram were registered as Claim Case Nos. 78/2011 and 79/2011 respectively, wherein, they have claimed an amount of compensation to the tune of Rs.4,30,000/- and Rs.2,60,000/- respectively.