ORIENTIAL INSURANCE COMPANY LTD Vs. PARMNAND

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant/insurance company against the award of the Additional Motor Accident Claims Tribunal, Khairagarh, Distt. Rajnandgaon (in short "the Tribunal"), dated 19th April, 2010 passed in Claim Case No. 66/07, fastening the liability upon the appellant/insurance company to pay compensation to the claimant. Brief facts of the case, as per averments made in the claim petition, are that respondent No. 2 is the driver of Truck bearing registration No. CG 07 C-5573, which is owned by respondent No. 3 and at the relevant time insured with the appellant. Son of respondent No. 1/claimant named Kamal Narayan was working as a Hamal (Labour) & Conductor in the said vehicle for the last two years and thereby earning Rs. 100/- per day. On 11.9.2007 respondent No. 2 caused death of Kamal Narayan by running the said vehicle over Kamal Narayan and crushing him under the wheel of the truck.

(2.) Respondent No. 1, father of the deceased, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988 (in short "the Act") claiming a total compensation of Rs. 15,49,000/- for the death of Kamal Narayan under various heads.

(3.) However, learned Tribunal after hearing counsel for the parties, on a close scrutiny of the evidence adduced before it, by the impugned award granted a total compensation of Rs. 3,44,000/- in favor of the claimant, fastening the liability upon the appellant/insurance company, jointly and severally, alongwith driver and owner of the vehicle.