UNITED INDIA INSURANCE COMPANY LIMITED Vs. KIMANI DEVI

JUDGEMENT

(1.) Appellant/non-applicant No.1/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 31.07.2014 passed by the Additional Motor Accident Claims Tribunal Pratappur, District Surajpur, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Motor Accident Claim Case No.81 of 2012 whereby learned Claims Tribunal allowed the claim application in part and awarded a sum of Rs.5,64,000/- as compensation in a death case.

(2.) Facts relevant for disposal of this appeal, are that, on 18.05.2011, Karan alias Phekan along with other labourers by name, Ashok Chaudhary, Vijay Kumar, Santosh and Prakash travelling on a Dumper bearing No.CG-15/ZC/0139 (hereinafter referred to as 'offending vehicle') to village Badeli for bringing cement and iron rods. When they were returning on the offending vehicle after loading cement and iron rods at about 1.30 pm, reached near village Ghat Pendari, offending vehicle met with an accident due to rash and negligent driving of offending vehicle by non-applicant No.4. In the aforementioned accident, Karan alias Phekan came under the offending vehicle and died.

(3.) The claimants/respondents No.1 to 7 filed claim application under Section 166 of the M.V. Act before the learned Claims Tribunal claiming a sum of Rs.10,32,200/- as compensation on account of untimely motor accidental death of Karan alias Phekan pleading therein that on the date of accident, deceased was aged about 30 years, working as labourer and earning Rs.6,000/- per month.