ORIENTAL INSURANCE CO LTD Vs. BEDI BAI

JUDGEMENT

(1.) This appeal has been filed by the appellant- Oriental Insurance Company against the impugned award dated 18-11-2009 passed by the Ninth Additional Motor Accident Claims Tribunal (F.T.C.), Raipur (for short 'the Claims Tribunal') in Claim Case No.111/2007, in so far as it relates to the direction to the appellant/Insurance Company to pay compensation to the claimants and later on to recover the same from the owner of the offending vehicle, though the appellant/Insurance Company has been exonerated from its liability to pay compensation to the claimants.

(2.) Brief facts of the case, as per version of the claimants are that on 25-03-2007, deceased Mohan Tandi was sitting in the Auto bearing registration No. C.G.04-ZA/0453. Near Modpar Police Station in Dongargarh, the said Auto turned turtle, as a result of which Mohan Tandi sustained grievous injuries and died on the spot. The report of the incident was given in the Police Station, Dongargarh and an offence was registered under Sections 279, 337 and 304-A of the IPC against the non-applicant No.1/driver. At the time of accident, the deceased who was aged 26 years, was working in Fairas Fooders India, Raipur and was earning Rs. 3200/- per month.

(3.) The claimants being legal heir of the deceased had filed a claim petition under Section 163-A of the Motor Vehicles Act, 1988 (for short 'the Act') claiming a total compensation to the tune of Rs.9,00,000/- for the death of the deceased.