ICICI LOMBARD Vs. SURENDRA KUMAR SETHI AND ORS.

JUDGEMENT

(1.) Fastening of liability upon appellant/Insurance Company and awarding penal interest to the claimant is the subject matter of this appeal filed by the Insurance Company, challenging the impugned award dated 06.09.2013 passed in Claim Case No.95 of 2013 by the 5 th Additional Motor Accident Claims Tribunal, Durg (for short, 'Claims Tribunal').

(2.) Facts of the case in a nutshell are that, on 20.01.2011 at about 11 am, Gaurav Sethi was travelling on his Motorcycle bearing No.CG 07-LR- 6912 along with Durgesh Rao as pillion and going to Dhamdha from Durg. On the way, one Truck bearing No.CG-07-LR-4022 (for short, 'offending vehicle') driven by respondent-3/NA-1 dashed the Motorcycle. In the said accident, Gaurav Sethi suffered grievous injuries over his person and he was taken to Sector-9 hospital at Bhilai, where he was declared to be dead. Claimants, who are parents of deceased Gaurav Sethi filed claim application claiming Rs.19,48,000/- as compensation.

(3.) Respondent-3/driver of offending vehicle remained ex-parte before the learned Claims Tribunal.