NATIONAL INSURANCE CO LTD Vs. PARMESHWARI

JUDGEMENT

(1.) Two appeals M.A. No. 723/2003 and M.A. No. 935/2003 have been preferred against the award dated 28-6-2003 passed by the 1st Additional Motor Accident Claims Tribunal, Mahasamund in Claim Case No. 30/2001, one by the National Insurance Company Limited challenging its liability for payment of compensation, the other is by the claimants seeking enhancement in the amount awarded by the Tribunal. Therefore, both the appeals are disposed of by the common award.

(2.) On 25-7-2001, Shyam Ram Nirmalkar, driver of bus bearing registration No. MBS/ 1493 was dashed by truck bearing registration No. A.S./01/6116 being driven by driver Umesh Rai in a rash and negligent manner as a result of which, Shyam Ram Nirmalkar died on spot.

(3.) As against Rs. 19,80,000/- claimed by legal representatives of deceased Shyam Ram Nirmalkar as compensation for the death of their bread earner by filing application under Section 166 of the Motor Vehicles Act, (briefly 'the Act'), learned Tribunal has awarded a total sum of Rs. 3,91,000/- along with interest at the rate of 9% per annum from the date of application till its actual payment, holding the National Insurance Company Limited jointly and severely liable for its payment to the claimants, along with driver and owner of the offending truck.