BRANCH MANAGER, CHOLAMANDLAM Vs. SHAILJA SHARMA

JUDGEMENT

(1.) As both the appeals are arising out of award dated 30.01.2015 passed by Motor Accident Claims Tribunal, Rajnandgaon, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Claim Case No.01 of 2014, they are being disposed of by this common judgment.

(2.) MAC No.432 of 2015 is filed by the Insurance Company challenging the liability fastened upon it on the ground of permit whereas MAC No.689 of 2015 is filed by the Owner of offending vehicle on the ground that accident was a result of negligence on the part of deceased Satyendra Sharma himself, hence, claimants are not entitled for any amount of compensation.

(3.) Facts relevant for disposal of these appeals, are that, on 27.11.2013, Satyendra Sharma was travelling on motorcycle bearing No.CG-08/NA/9897 from Rajnandgaon to Durg, on the way, when he reached near village Anjora, one four-wheeler bearing No.CG-08/M/0249 (hereinafter referred to as 'offending vehicle'), driven by non-applicant No.1 dashed the motorcycle of Satyendra Sharma. In the aforementioned accident, Satyendra Sharma fell down, suffered grievous injuries over his person. He was taken to Apollo Hospital, Bhilai where he died. Accident was reported to concerned Police Station, based upon which, Crime No.410 of 2013 was registered against non-applicant No.1 for offences punishable under Sections 279 and 337 of the IPC.