KISMANT BAI Vs. INDRA BHAN SINGH

JUDGEMENT

(1.) As both the appeals are arising out of award dated 22/08/2014 passed by First Additional Motor Accident Claims Tribunal, Surajpur District Surajpur, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Motor Accident Claim Case No.294 of 2011, therefore, they are being disposed of by this common judgment.

(2.) MAC No.1111 of 2014 is filed by the claimants seeking enhancement of amount of compensation awarded by learned Claims Tribunal, whereas MAC No.550 of 2015 is filed by owner and driver of Tractor bearing No.CG-15A/2459 (hereinafter referred to as 'offending Tractor') challenging exoneration of Insurance Company from its liability and fastening liability to pay the amount of compensation.

(3.) Facts relevant for disposal of these appeals, are that, on 25/03/2011, Gopal Singh was working in a road construction work under Pradhan Mantri Gram Sadak Yojna, while so, non-applicant No.2/driver of the offending Tractor, while driving the offending Tractor rashly and negligently, dashed Gopal Singh and ran over. In the aforementioned accident, Gopal Singh suffered grievous injuries over his person. He was taken to the Hospital at Baikunthpur, where he succumbed to the injuries during course of his treatment. The accident was reported to concerned Police Station, based upon which, crime bearing No. 23 of 2011 was registered against non-applicant No.2 for the offences punishable under Section 304-A of the IPC and under Sections 03 / 181 , 05 / 181 of the Motor Vehicles Act, 1988 (hereinafter referred to as ' M.V. Act ').