UNITED INDIA INSURANCE CO LTD Vs. KUNTI BAI

JUDGEMENT

(1.) This appeal has been filed by the appellant/Insurance Company against the award dated 26-03-2007 passed by the IXth Additional Motor Accident Claims Tribunal, (F.T.C.), Dist. Durg (C.G.) (hereinafter called 'the Claims Tribunal') in Claim Case No. 147/2006 so far as it relates to fastening the liability upon the appellant/Insurance Company to pay and recover the compensation from the owner/respondent No. 7 of Dumper bearing registration No. AP-09-U-5752 (hereinafter called 'the offending vehicle'). Brief facts of the case, as per version of the claimants, are that the deceased Lakhanlal, husband of the claimant/respondent No. 1 herein and father of claimants/respondents No. 2 to 5 herein, was in occupation of selling chilly, tamarind, vegetable etc., in the markets of villages Demboria, Supela, Ruabandha, Patan, Ranitarai and adjoining villages. On the morning of 13-04-2005 at about 10:00 a.m., the deceased Lakhanlal was going to sell tamarinds in the market situated near Boria Gate Bhilai from village Barbaspur on his bicycle at his left side. At that time near Patoura, Police Station Utai, Tehsil Patan, the offending vehicle bearing registration, No. AP-09-U-5752, owned by non-applicant No. 1/respondent No. 7 herein, insured by non-applicant No. 3/appellant herein, which was being driven by non-applicant No. 2/respondent No. 8 herein in a rash and negligent manner, dashed Lakhanlal as a result of which he died on the spot and his bicycle was got damaged. At the tune of accident, the deceased Lakhanlal was earning Rs. 200/- per day.

(2.) The claimants being legal heir of the deceased had filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act, 1988') before the Claims Tribunal claiming a total amount of compensation of Rs. 16,86,800/- under various heads for the death of the deceased.

(3.) Learned Claims Tribunal on a close scrutiny of evidence led, material placed and submissions made by the parties, has awarded a total amount of Rs. 6,61,500/- fastening the liability upon the non-applicant No. 3/appellant/Insurance Company to pay compensation to the claimants/respondents No. 1 to 5 along with interest @ 6% per annum within two months from the date of order till its realization and recover the same from non-applicants No. 1 & 2/respondents No. 7 & 8 jointly or severally.