PRAMOD KUMAR Vs. KIRAN W/O RAMDAYAL NISHAD

JUDGEMENT

(1.) As both these appeals are arising out of common award dated 24.11.2014 passed by the Motor Accident Claims Tribunal, Raigarh, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Claim Case No.73 of 2013, hence, they are being disposed of by this common judgment.

(2.) MAC No.83 of 2015 is filed by the owner of offending vehicle challenging the liability fastened upon him while exonerating Insurance Company on the ground of licence. MAC No.96 of 2015 has been filed by the Insurance Company challenging the direction of pay and recover issued against it as also the quantum of compensation.

(3.) Facts relevant for disposal of these appeals, are that, on 23.02.2013, at about 3.00 P.M., Ramdayal Nishad was returning to his house after purchasing articles from grocery shop. When he reached near his house, non-applicant No.1 suddenly reversed back the Bolero Pickup vehicle bearing No.C.G.-13/L/4660 (hereinafter referred to as 'offending vehicle') and dashed Ramdayal Nishad. In the said accident, Ramdayal Nishad suffered grievous injuries over his person, he was taken to K.G. Hospital and thereafter, O.P. Jindal Hospital. During the course of treatment, he died on 15.03.2013.