SUCHITRA SANA Vs. KAUSHILYA

JUDGEMENT

(1.) This appeal has been preferred by the claimants, i.e., wife and children of deceased Jagbandhu Sana against the award dtd. 30/6/2015 passed by the Additional Motor Accidents Claims Tribunal, South Bastar Dantewada in Claim Case No.403 of 2014, whereby the Tribunal has awarded total compensation of Rs.4,33,000.00 along with interest @ 7.5% per annum from the date of submission of the claim petition before the Tribunal fastening liability on the driver and the owner of the offending vehicle only. Respondent No.1 is wife of Tulsi, who was driver of the offending vehicle, Respondent No.2 is owner and Respondent No.3 is insurer of the offending vehicle.

(2.) As per the claim petition, on 21/1/2011, due to rash and negligent driving of vehicle tipper bearing registration No.CG 18 H 0957 by deceased Tulsi, husband of Respondent No.1, the tipper turned turtle, as a result of which Jagbandhu Sana, who was sitting in the tipper died on the spot. Claimants, i.e., wife and children of deceased Jagbandhu Sana filed a claim petition under Sec. 166 of the Motor Vehicles Act against the Respondents for compensation of Rs.16,60,000..00 It was the pleadings of the claimants that on the date of accident, deceased Jagbandhu Sana was engaged in the said vehicle as a labour/conductor and was returning in the said vehicle after loading sand in it. Due to the accident of the said vehicle, he died. At the time of accident, he was engaged as a labour by the owner of the said vehicle and was getting Rs.5,000.00 per month. The driver of the said vehicle was having a valid and effective driving licence and the vehicle was also insured with Respondent No.3/insurance company.

(3.) Respondents No.1 and 2 opposed the claim petition. It was pleaded by them that as the vehicle was insured with Respondent No.3/insurance company and the driver was having a valid and effective driving licence, therefore, if any liability arises for compensation it should be fastened on the insurance company.