NATIONAL INSURANCE COMPANY LIMITED Vs. RAM SING BANJARE

JUDGEMENT

(1.) Appellant/non-applicant No.3/Insurance Company has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act') challenging the award dated 29.09.2014 passed by the First Additional Motor Accident Claims Tribunal, Balodabazar, District Balodabazar, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Accident Claim Case No.240 of 2011 whereby learned Claims Tribunal allowed an application filed under Section 166 of the M.V. Act in part and awarded Rs.7,54,727/- as compensation in a fatal accident case.

(2.) Facts relevant for disposal of this appeal, are that, on 13.10.2011, Jaiprakash alias Konda was travelling on a motorcycle bearing No.CG-04/DS/6557 along with Dinesh Kurre from village Sirsa to village Dhobnidih. On the way, one Bolero Jeep bearing No.CG-05/HB/7409 (hereinafter referred to as 'offending vehicle') driven by non-applicant No.1 rashly and negligently dashed the motorcycle of Jaiprakash alias Konda and thereafter offending vehicle turned turtle. In the said accident, Jaiprakash alias Konda and Dinesh Kurre suffered grievous injuries over their person. After primary treatment at Government Hospital, they were shifted to 'Care n Cure Multi Specialty Hospital' where Jaiprakash alias Konda remained in Intensive Care Unit from 13.10.2011 to 18.10.2011, in coma. Looking to the condition of Jaiprakash alias Konda, he was discharged from Hospital and while going to village Piparbhawna, he died on the way. Accident was reported to concerned Police Station, based upon which, crime No.356 of 2011 was registered against non-applicant No.1/driver of offending vehicle.

(3.) Claimants, who are parents of deceased Jaiprakash alias Konda filed an application under Section 166 of the M.V. Act before learned Claims Tribunal seeking compensation of Rs.15,29,000/- pleading therein that on the date of accident, deceased was aged about 20 years, working as Carpenter and earning Rs.9,000/- per month.