RAM GENERAL INSURANCE COMPANY LIMITED Vs. MEERA DEVI

JUDGEMENT

(1.) Insurer of the offending vehicle JCB has preferred this appeal under Section 173 of the Motor Vehicle Act, 1988 challenging the impugned award dated 19.12.2014 passed by the Motor Accident Claims Tribunal, Surguja (Ambikapur) (for short, 'Claims Tribunal') in Claim Case No.173 of 2013 whereby learned Claims Tribunal allowed application under Section 166 of the Act of 1988 and awarded Rs.3,49,000/- as compensation in a fatal accident case.

(2.) Facts relevant for disposal of this appeal are that on 30.09.2013 Deepak Kumar while driving the Tractor bearing No.CG15 AE-9248 was carrying water tanker attached to it. While so, when he reached near village Karra on the steep road, the Tractor suffered some mechanical fault and stopped on the mid-way. The offending vehicle JCB bearing No.CG15 AE 2564 (for short, 'offending JCB') while pushing the Tractor, has pushed it hard, on account of which, the engine of the Tractor turned upside down and met with an accident. In the said accident, Deepak Kumar, driver of the Tractor came in between the steering and water tank, suffered grievous injuries over his head, chest and other parts of the body. He died on the spot. Incident was reported to concerned Police Station, based upon which crime was registered against NA1 and after conclusion of the investigation, Final Report was submitted before the Court of competent jurisdiction.

(3.) Claimants, who are mother, father and siblings of the deceased have filed an application under Section 166 of the Act of 1988 seeking compensation of Rs.24,07,000/- mentioning therein that on the date of accident, deceased was working as driver of Tractor and earning Rs.12,000/- per month.