ORIENTAL INSURANCE CO. LTD. Vs. ROSE MERY DAAN

JUDGEMENT

(1.) Heard on the question of admission. This appeal has been filed by the appellant under Section 173 of the Motor Vehicles Act, 1988 ('the Act' for short) against the award dated 14-6-2012 passed by the Fifth Additional Motor Accident Claims Tribunal, Raipur ('Claims Tribunal' for short) in Claim Case No. 106/2011 where liability to pay compensation to the claimants/respondents No. 1 to 4 herein, has been fastened jointly and severally upon the non-applicant No. 3/appellant herein alongwith non-applicants No. 1 & 2/respondents No. 5 & 6 herein.

(2.) Facts of the case, in brief, are that on 21-12-2010 at 8.00 a.m. one Accent Car No. CG05-A/5551 was dashed by a Dumper No. CG04-ZC/8376 (hereinafter called "offending vehicle") owned by non-applicant No. 2, insured with non-applicant No. 3 and driven by non-applicant No. 1 rashly and negligently at that time, which resulted in death of Ishu Daan and driver Sandeep Singh on the spot, death of Sanjay Christopher during the course of treatment and grievous injuries to Neeta Singh who were traveling in the said Accent Car. Therefore, the claimants being legal heirs of the deceased Ishu Daan, filed a claim petition before the Claims Tribunal claiming a total compensation of Rs. 17,40,000/- with interest @ 12% against the non-applicants No. 1 to 3 and the Claims Tribunal vide impugned award, partly allowed the claim petition awarding an amount of Rs. 10,51,450/- with interest @ 9% thereon from the date of filing of claim petition, in favour of the claimants and against the non-applicants No. 1 to 3 jointly and severally.

(3.) Heard learned counsel for the appellant and perused the impugned award.