ORIENTAL INSURANCE COMPANY LTD Vs. USHA YADAV

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred by the Oriental Insurance Company Ltd. under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act of 1988') questioning the legality and propriety of the award dtd. 23/2/2016, passed by the Additional Motor Accident Claims Tribunal, Kunkuri, District Jashpur (CG) in Claim Case No. 40/2011, whereby, the learned Claims Tribunal, while allowing the claim in part, has awarded the total amount of compensation to the tune of Rs.2,98,000.00 with 6% interest per annum from the date of filing of the Claim Petition till its realization while fastening the liability upon the Insurance Company.

(2.) Briefly stated the facts of the case are that on 8/1/2010, deceased Nilkanth Yadav went to vegetable market of village Ranpur and after purchasing the vegetables was returning by a motorcycle of his friend, namely, Damrudhar Yadav while sitting as a pillion rider and as soon as, they reached near Belsunga Nala, it was dashed vehemently from its opposite side by the offending vehicle "Bus" bearing registration No. CG-13 D 3530, which was owned by Respondent No.8- Ramkumar. At the relevant time, the vehicle in question was being driven in a rash and negligent manner by its driver, namely, Brijesh Kumar, as a result of which, the deceased injured badly and died on the spot.

(3.) Respondent Nos. 1 to 7/Claimants, being the legal representatives of the deceased instituted a Claim Petition by submitting, inter alia, that the deceased was a labourer by profession and used to earn Rs.6,000.00 per month and thus, claimed total amount of compensation to the tune of Rs.64.00 lacs under various heads.