ORIENTAL INSURANCE COMPANY LIMITED Vs. BHAGWANTI

JUDGEMENT

(1.) Both the Misc. Appeals are being disposed of by this common Judgment, as both the Appeals are arising out of award dated 30.1.2018 passed by the 3rd Additional Motor Accidents Claims Tribunal, Ambikapur (for short 'the Tribunal ') in Motor Accident Claim Case No.201/2016.

(2.) MAC No.1707/2018 has been preferred by the claimants seeking enhancement of the impugned award whereas MAC No.1237/2018 has been preferred by the Oriental Insurance Company Limited seeking setting aside the impugned award dated 30.1.2018.

(3.) Facts of the matter, in brief, are that the claimants are the mother, wife and children of deceased Parshuram, who died in an accident on 16.6.2016. The claim petition was filed before the Tribunal on the ground that deceased Parshuram was working as a Mason. On the date of the accident at about 8 am the deceased was going to Village Bhawradandh to fetch labours. The offending vehicle i.e. Tractor No.CG-15A/7469, which was coming from the opposite side, dashed the deceased, as a result of which the deceased sustained grievous injuries and died on the spot. It was further averred that the accident occurred on account of rash and negligent driving by the Chotu @ Rajkumar Khalkho. The deceased was aged about 35 years and was working as Mason and thereby used to earn Rs.15,000/- per month.