RELIANCE GENERAL INSURANCE CO LTD Vs. REKHABAI

JUDGEMENT

(1.) This appeal has been filed by the appellant insurance company against impugned award dated 9.11.2010, passed by Second Additional Motor Accidents Claims Tribunal, Raipur, in Claim Case No. 64 of 2009, awarding a total sum of Rs. 9,65,000 along with interest at the rate of 6 per cent per annum, holding the non-applicants, including the insurance company, jointly and severally liable to pay the amount of compensation. We have heard the learned counsel appearing for the parties and perused the lower court record as also the findings given in the impugned award.

(2.) Brief facts, in a nutshell, are that on 3.4.2009 at about 7 p.m. in the evening the non-applicant No. 1, Narayan Verma while driving the tractor-trolley bearing registration No. CG 06-ZD 1418 and 1419-C, in a rash and negligent manner, hit the motor cycle, bearing registration No. CG 04-CY 7954, which was being driven by Yashwant and Gopal Yadav was sitting as pillion rider. As a result of this accident Gopal Yadav received grievous injuries and succumbed to those injuries. The matter was reported in the Police Station, Kharora.

(3.) The claimants, being legal heirs/dependants of deceased Gopal Yadav, filed a claim case under section 166 of the Motor Vehicles Act, 1988, for award of a total compensation of Rs. 11,80,000.