SMT. SANDHYA RANI NAG Vs. MOHAN CHAND HATHGEN

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred by the Claimants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act of 1988'), questioning the legality and propriety of the award dated 14.05.2014 passed by the 2 nd Additional Member to the Court of the 1 st Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) (for short 'the Claims Tribunal') in Claim Case No.66/2013, whereby, the learned Claims Tribunal while allowing the claim in part awarded total amount of compensation to the tune of Rs.50,03,475/- with 7% interest per annum from the date of filing of the claim petition till its realization while fastening the liability upon the Insurance Company. The parties to this appeal shall be referred hereinafter as per their description in the Claims Tribunal.

(2.) Briefly stated the facts of the case are that on 26.12.2012 at about 9:00 pm, deceased Rajendra Kumar Nag after completing his official work, was returning along with Mohan Chand Hathgen (Non-Applicant No.1) from Mungeli to Bilaspur while sitting in his offending vehicle, i.e., Alto Car bearing Registration No. CG-07- 2606, which was insured with the Non-Applicant No.2/The New India Assurance Company Limited. At the relevant time, it was being driven in a rash and negligent manner by said Mohan Chand Hathgen and when they reached near the Sardar Rice Mill, it vehemently dashed the tractor, parked over there. As a result of which, deceased Rajendra Kumar Nag received serious injuries on his head and expired on 27.12.2012 during the course of his treatment in Apollo Hospital, Bilaspur (C.G.).

(3.) On account of the aforesaid accident, the claimants being legal representatives, who are the wife and children of the deceased, instituted a claim petition enumerated under Section 166 of the Act of 1988, alleging inter alia that the deceased, 46 years old, was working as a Branch Manager in R.B.D., State Bank of India, Branch Mungeli, where he used to earn Rs.51,795/- per month, and thus, total amount of compensation to the tune of Rs.1,41,60,366/- has been claimed under various heads.