NEW INDIA ASSURANCE COMPANY LTD. Vs. AMBIKA PATEL

JUDGEMENT

(1.) Appellant-Non-Applicant No.3 Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') challenging the award dated 18.11.2014 passed by the learned Motor Accident Claims Tribunal, Mahasamund in Claim Case No.70/2013 thereby allowing application for grant of compensation in part and awarding Rs.24,55,000/- as total compensation in a fatal accident case.

(2.) Facts relevant for disposal of this appeal, in brief, are that on 29.11.2012 Laxmichand was returning to his village Jagat from Raipur in his Alto Car bearing registration number CG06-L-0592, when he reached in between Baldidih & Bhokludih, one Truck Trailer bearing registration number CG07-E-3255 (henceforth 'the offending vehicle'), driven by non-applicant No.1 in a rash and negligent manner, dashed the car of Laxmichand and caused accident. In the aforementioned accident, Laxmichand suffered grievous injuries on various parts of body and succumbed thereto on the spot.

(3.) Respondents No.1 to 4-claimants filed an application under Section 166 of the Act of 1988 seeking total compensation of Rs.58,00,000/- pleading therein that at the time of accident, the deceased was earning Rs.20,000/- per month from the work of sale & purchase of land. The deceased was also having 4.37 hectare (12 acres) of agriculture land from which he was earning Rs.10,00,000/- per annum. Claimants were dependent on the income of the deceased.