RAJESH SAKUJA Vs. SMT.ASHA DEVI CHOUHAN

JUDGEMENT

(1.) These appeals have been preferred by the owner as well as 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 common award dated 09.07.2013 passed by the Additional Motor Accident Claims Tribunal (FTC), Korba whereby the learned Claims Tribunal, while allowing the claim in part, has exonerated the insurance company from its liability. The parties to this Appeal shall be referred hereinafter as per their description in the Court below.

(2.) Briefly stated the facts of the case are that on 31.12.2003, deceased Vijay Kumar Chouhan and his daughter Neetu Singh @ Mamta Singh Chouhan were travelling along with the claimants in the Marshall Jeep bearing registration No. CG-12-ZD-0116. On the fateful day, it was dashed vehemently by the offending vehicle, i.e., 'Trailor' bearing registration No. CG-04-G-3216, owned and insured respectively by Non-Applicant No.2 Rajesh Sakuja and Non-Applicant No.3 - the New India Insurance Company Limited. At the relevant time, it was being driven rashly and negligently by its driver Rahman Khan, owing to which, the alleged accident occurred and said Vijay Kumar Chouhan and his daughter Neetu Singh expired giving rise to the institution of the two separate Claim Petitions registered respectively as Claim Case No. 233/2007 and Claim Case No. 250/2007 wherein they claimed a sum of Rs.47,30,292/- and Rs.41,50,800/- respectively under various heads.

(3.) Non-Applicant No.1, the driver of the offending vehicle was proceeded ex parte while owner of it, i.e., Non-Applicant No.2 contested the Claim Petitions mainly on the ground that the vehicle in question was insured with the New India Insurance Company Limited, therefore, if any liability being fastened, the same could be indemnified by the insurance company.