LAWS(CHH)-2022-10-20

KUMARI YADAV Vs. MAHESH SAHU

Decided On October 19, 2022
Kumari Yadav Appellant
V/S
MAHESH SAHU Respondents

JUDGEMENT

(1.) Present is the claimants appeal under Sec. 173 of the Motor Vehicles Act.

(2.) Challenge is to the award dtd. 29/11/2012 passed by the Additional Motor Accident Claims Tribunal, Durg in claim case no.31/2011. Vide the impugned award the tribunal in a claim case under Sec. 163 A of the Motor Vehicles Act has allowed the application and has awarded a compensation of Rs.3,92,000.00 with 6% interest per annum. While passing the impugned award the tribunal had exonerated the insurance company and have fastened the liability upon the owner and driver. It is this impugned award under challenge.

(3.) The primary challenge to the impugned award is so far as exonerating the insurance company of its liability. Learned counsel for the appellant claimants submits that it is a case where the deceased was traveling in the newly sold goods auto of Ape brand with Engine No. ROF2808256 and Chasis No. MAILM2FHJA3F37447. On 10/9/2010 it was hit by an unknown truck causing grievous injuries to the deceased to which he later succumbed. Appellants are the widow and mother of the deceased. Widow had filed the claim application under Sec. 163 A of the Motor Vehicles Act and Mother was made a respondent. The tribunal taking into consideration the evidence which have come on record exonerated the insurance company of its liability and awarded a compensation of Rs.3,92,000.00 with interest at the rate of 6% per annum. The exoneration of the insurance company was on the ground that there was a breach of policy condition. Secondly the vehicle was a commercial vehicle and deceased in fact was traveling on the said vehicle as a gratuitous passenger.