KAILASHCHAND DAHIYA Vs. VYASNARAYAN DIWAN & ORS.

JUDGEMENT

(1.) This appeal has been filed by the appellant owner under Sec. 173 of the Motor Vehicles Act. 1988 against the award dated 17-12-2002 passed by First Additional Motor Accident Claims Tribunal, Raipur (in short "the Tribunal"). in Claim Case No. 33/2001. whereby and whereunder the liability to pay compensation of Rs. 3,22,040.00 along with interest @ 6% p.a. has been fastened, jointly and severally, upon the appellant/owner and respondent No. 3/driver of the vehicle. Although, at the same time, respondent No. 4/insurance company has been ordered first to pay the amount of compensation to respondents No. 1 & 2/claimants and then to recover the same from the appellant/owner. In addition to this, the appellant/owner has also challenged the award so far as quantum is concerned.

(2.) Brief facts of the case, as per version of the claimants in the claim petition, are that on 13-6-2001 at about 10 p.m.. Vikas Diwan was run over by the Matador bearing registration No. MP 23 D-4305 (hereinafter referred to as the "offending vehicle"), which was being driven by respondent No. 3 in a rash and negligent manner, near Tikrapara, Ring Road No. 1. As a result, Vikash Diwan sustained grievous injuries and ultimately, succumbed to the same. At the relevant time, the offending vehicle was owned by the appellant and insured with respondent No. 4. Report of the accident was lodged at Police Station - Tikrapara, whereupon offence under Sections 279, 337 and 304A of the Indian Penal Code was registered.

(3.) At the time of accident, the deceased was 21 years old and was the only earning member of his family. He was earning Rs. 5,000.00 per month by doing construction work. Therefore, the claimants, who are parents of the deceased, being his legal heirs/ dependents filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (in short "the Act. 1988") before the Tribunal for a total compensation of Rs. 8,70,000.00 against the death of Vikas Diwan under various heads.