MAAN BAI Vs. JAL SINGH

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred by the Claimants under Sec. 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') questioning the legality and propriety of the award dtd. 24/2/2016 passed by the 6th Additional Motor Accidents Claims Tribunal, Bilaspur (CG) (for short 'the Claims Tribunal') in Claim Case Nos.783/2014 whereby, the Claims Tribunal, while allowing the claim in part, awarded a total amount of compensation to the tune of Rs.4,67,000.00 with 7.5% interest per annum from the date of filing of the claim Petition till its realization, while exonerating the Insurance company from its liability. 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 25/4/2014, deceased Kariya Baiga was traveling along with others in a tractor attached with its trolley bearing its Registration Nos.CG 04 L 2335 and CG 4 L 2381 respectively, owned by Non-Applicant No.2-Birjuram Baiga and insured with Non-Applicant No.3-Royal Sundaram Allianz Insurance Company Limited. At the relevant time, the vehicle in question was being driven in a rash and negligent manner by its driver, Non-Applicant No.1-Jal Singh @ Dallu, as a result of which, it turned turtle, owing to which, the deceased got injured badly and died during the course of his treatment.

(3.) On account of the aforesaid accident, a Claim Petition enumerated under Sec. 166 of the Act of 1988 has been made by the Claimants being legal representatives of the deceased alleging therein that the deceased was a labourer by profession and used to earn Rs.6,000.00 per month and thus, a total amount of compensation to the tune of Rs.21,68,000.00 has been claimed under various heads.