ICICI LOMBARD GENERAL INSURANCE CO. LTD Vs. SANTULAL

JUDGEMENT

(1.) By the award impugned dtd. 28/10/2014 passed in Claim Case No.52/2013 learned Tribunal has worked out the compensation at Rs.6,01,000/-. However, taking into consideration the fact that the riders of both the motorcycles who eventually succumbed to the injuries sustained by them in the accident, has held it to be a case of contributory negligence of the two and thus awarded the actual compensation payable to the claimants at Rs.3,00,500/- along with interest @ 6% per annum from the date of application till realization. It is this award which is under challenge in this appeal on behalf of the appellant/Insurance company.

(2.) The case in brief is that on 27/3/2013 deceased Gulab Pardhi was riding the motorcycle bearing registration No. CG 04 - 0704 whereas the other deceased namely Jitendra Sahu was riding the motorcycle bearing registration No. CG 07 AG -3545. It is said that as the riders of both the motorcycles were negligent, the accident involving on-the-spot death of the duo had occurred.

(3.) The claimants in this case happened to be the parents of the young deceased boy aged about 20 years at the relevant time. The claim petition so preferred reflects that the deceased boy was earning Rs.200/- per day by engaging himself in the labour work and then in the evening hours he used to earn Rs.300/- per day by selling eggs. According to the claimants, the deceased used to provide them substantial financial assistance for their comfortable living out of his overall earning.