UNITED INDIAN INSURANCE COMPANY LIMITED Vs. UDAY SHANKAR

JUDGEMENT

(1.) Non-applicant 3/ appellant-Insurance company has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short Act of 1988) challenging the impugned award dated 05.07.2014 passed by First Additional Motor Accident Claims Tribunal, Durg, Chhattisgarh in claim case no. 80/2012, whereby learned Claims Tribunal allowed the application filed under Section 166 of the Act of 1988 and awarded Rs. 3,74,000/- as total compensation.

(2.) Facts relevant for disposal of this appeal are that on 26.12.2010, Raunak Yadav, after meeting his sister at Gorakhpur was returning back on Tata Indica car bearing registration no. CG07M9638, while so, one truck bearing registration no. UP63D9833 (hereinafter referred to as offending truck) driven by non-applicant 1 rashly and negligently dashed the Indica car and caused accident. In the said accident, Raunak suffered grievous injuries and died on spot. Other occupants of the car also suffered injuries on their person. Accident was reported to concerned police station based on which crime was registered against non-applicant 1. Father and siblings of deceased Raunak filed an application under Section 166 of the Act of 1988 pleading therein that on the date of accident, deceased was aged about 25 years engaged in the business of wholesale of vegetables and earning Rs. 1,46,500/- per annum and claimed Rs. 21,60,000/- as total compensation.

(3.) Non-applicant 1 driver of the offending truck did not appear before the Claims Tribunal and he was proceeded ex parte.