SAKUN KUSHWAHA Vs. SAKUN KUSHWAHA

JUDGEMENT

(1.) THIS appeal has been filed by the Claimants against the award dated 17.01.2007 passed by IX Addl. Motor Accident Claims Tribunal (F.T.C), Bilaspur (C.G) in Claim Case No. 163/2005 dismissing the claim of the appellants.

(2.) BRIEF facts of the case as per the version of the claimants are that the appellants are mother, sister and brother of the deceased Sunil Kushwaha. On 05.07.2005 the deceased was going to Marwahi by driving the Motorcycle bearing Regn.No.C.G.14- C/3452 owned by respondent no.1 Dhaniram and insured with respondent no.2. Ram Singh Thakur was sitting as a Pillion rider. On the way at about 11.00 a.m., the said motorcycle met with an accident near village Pandari, as a result of which the deceased succumbed to the injuries sustained by him in the said accident.

(3.) FURTHER in case of Ningamma and another Vs. United India Insurance Company Limited reported in 2009 (13) SCC 710 the Supreme Court while referring to the case of Oriental Insurance Company Ltd., Vs. Rajnidevi (Supra), held vide Paras 21 & 22 as follows: