INDUSIND BANK LIMITED Vs. SONADHAR BAGHEL

JUDGEMENT

(1.) By this common award, Misc. Appeal Nos. 396, 395, 394 and 393 of 2001 are being disposed of as common facts & issues are involved in all the appeals and are arise out of same accident, leading case of which is MA No. 396 of 2001. All the appeals are directed against the award dated 27.09.1999 passed by the Motor Accident Claims Tribunal, Bastar (for short 'the Tribunal') in claim case Nos. 198/97, 153/96, 154/96 and 197/97 respectively.

(2.) As against compensation of Rs. 16,07,000/- & Rs. 15,04,000/- (in MA Nos. 396/01 & 394/01 for death of Laxmanram) and Rs. 13,96,000/- and Rs. 14,48,000/- (in MA Nos. 395/01 & 393/01 for death of Mahendraram) separately claimed by the unfortunate parents, and widow & children of deceased under Section 166 of the Motor Vehicle Act, 1988 (for short 'MV Act') for death of their bread-earner in the motor accident on 20.08.1996, the Tribunal awarded a total sum of Rs. 2,30,000/- (in MA Nos. 396/01 & 394/1 jointly) and Rs. 2,34,000/- (in MA Nos. 395/01 and 393/01 jointly) as compensation along with interest @ 12 percent per annum from the date of application till its actual payment.

(3.) The Tribunal, on a close scrutiny of the evidence led, held : the accident had occurred due to rash and negligent driving of Tempo Tracks bearing registration No. MP-25-B-0273 by its driver/Sarvesh Kumar Rathore; Laxmanram and Mahendraram died on account of injuries sustained by them in the said accident; Ashok Leyland Finance Ltd. who was financer of the vehicle under Hire-Purchase agreement also liable for payment of compensation to the claimants along with respondent No. 8 & 9/driver and owner; assessed and awarded aforesaid sum in favour of claimants.