NATIONAL INSURANCE COMPANY LIMITED Vs. SEEMA SARKAR

JUDGEMENT

(1.) Since the above mentioned appeals arise out of a common award, they are heard and decided together.

(2.) Vide appeals being Miscellaneous Appeal (C) No.538 of 2015 and Miscellaneous Appeal (C) No.684 of 2015, both the insurer and the claimants, respectively impugn the award dtd. 17/12/2014 passed by the 3rd Additional Motor Accidents Claims Tribunal, Bastar at Jagdalpur in Claim Case No.100 of 2013.

(3.) As per the claim petition preferred by the claimants, Vishwajeet Sarkar (deceased) by driving his motorcycle bearing registration No.CG 17 KD 6812 was going to Kondagaon to take hens for his shop. On the way, driver Sarvjeet Singh by driving a truck bearing registration No.CG 04 D 6983 rashly and negligently hit the motorcycle of Vishwajeet Sarkar as a result of which Vishwajeet Sarkar received grievous injuries and died on the spot. Claimants Smt. Seema Sarkar and 5 others filed a claim petition under Sec. 166 of the Motor Vehicles Act for a compensation of Rs.16,87,000.00 against the driver, owner and insurer of the truck.