ORIENTAL INSURANCE CO. LTD. Vs. MOHANLAL SAHU

JUDGEMENT

(1.) This is an admitted appeal. It is heard finally.

(2.) The instant appeal has been preferred against the award dtd. 28/4/2015 passed by the Motor Accidents Claims Tribunal, Mahasamund in Claim Case No.H-224 of 2014, whereby the Tribunal has passed the award of Rs.10,27,000.00 in favour of Respondents 1 to 4/claimants.

(3.) Facts of the case, in short, are that Respondents 1 to 4/claimants filed a claim petition under Sec. 166 of the Motor Vehicles Act alleging inter alia that on the date of accident, i.e., 3/11/2014, Mukesh Sahu, who was working as a conductor/cleaner, was accompanying Respondent 5/driver in truck bearing registration No.CG 04 DB 3195, which, due to rash and negligent driving by Respondent 5 caused an accident on the way and as a result of which, Mukesh Sahu received serious injuries and died on the spot. At the time of accident, the deceased was aged about 24 years and was earning Rs.6,000.00 per month from his occupation. The claimants have preferred the claim petition claiming Rs.30,50,000.00 as compensation against Respondents 5 and 6, i.e., driver and owner of the offending truck as well as the Appellant/insurer of the said truck.