ORIENTAL INSURANCE COMPANY LTD Vs. PARWATI SHARMA

JUDGEMENT

(1.) Appellant Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') challenging award dated 20.9.2012 passed by the learned 4th Additional Motor Accident Claims Tribunal, Raipur (for short 'the Claims Tribunal') in Claim Case No.126/11 whereby learned Claims Tribunal allowed claim application in part, awarded an amount of Rs.12,18,660/- as compensation along with interest @ 6% and fastened liability upon appellant insurance company to pay compensation.

(2.) Facts of the case, in brief, are that on 20.2.2010 at about 1.15 p.m. in the afternoon, non-applicant No.1, driver of tractortanker bearing registration mark GJ-6Y-9518 (for short 'the offending vehicle') drove it in a rash & negligent manner and dashed rear side of motorcycle bearing registration mark CG09-D-1901 near a Gurudwara situated within Police Station Supela, District Bhilai, resultantly, Mahesh Sharma, driver of motorcycle, fell down and sustained grievous injuries on various parts of the body including head and succumbed to the injuries while undergoing treatment. Report of accident was lodged in Police Station Supela, District Durg based on which crime bearing No.112/10 was registered against driver of offending vehicle for commission of offence punishable under Section 304A of IPC.

(3.) Claimants/Respondents No.1 to 5, who are wife, son & age old parents of deceased respectively, filed a claim application before the Claims Tribunal seeking total compensation of Rs.22,02,000/- on account of death of said Mahesh Sharma in a road accident. It was pleaded in the claim application that on the date of accident, deceased was aged about 39 years; he was posted as a Teacher in New Government Higher Secondary School, Kawardha and getting monthly salary of Rs.8,332/-.