PARWATI Vs. RANBAJ KHAN

JUDGEMENT

(1.) The Appellants/claimants have filed this appeal being aggrieved by the impugned award dtd. 2/3/2015 passed by the Motor Accident Claims Tribunal, Balod, District - Balod, (C.G.) in Claim Case No.107/2014, whereby the Tribunal has granted award of compensation of Rs.7,83,000.00 at interest of 6% per annum from the date of submission of the claim petition before the Tribunal.

(2.) As per the claim petition, on 21/5/2014, Rohit Kumar Tandon (deceased) was going to his village on his motorcycle. On the way, respondent No.1, who is the driver of the offending vehicle bearing registration number CG 04 H 5290, driving in rash and negligent manner dashed the motorcycle due to that Rohit Kumar (deceased) sustained grievous injury and later on during course of his treatment, died in the hospital. Claimants/appellants have moved an application under Sec. 166 of the Motor Vehicles Act and sought compensation of Rs.35,64,000.00.

(3.) Respondent No.1 (driver) and Respondent No.2 (owner of vehicle) opposed the claim petition. In the reply, they have pleaded that the alleged incident occurred due to negligence of the deceased himself. They further pleaded that the offending vehicle was insured with Respondent No.3/Insurance Company, therefore, any liability arises for compensation it should be fastened on the insurance company.