PRATAP SINGH NETAM Vs. RAJESH CHAKRADHARI

JUDGEMENT

(1.) This appeal is by the claimants against the award dtd. 7/5/2019 passed by the 9th Additional Motor Accident Claims Tribunal, Bilaspur, C.G. in Claim Case No.416/2018, awarding total compensation of Rs.10,07,440.00 with interest @ 8% per annum from the date of application till its realization, fastening liability on the Insurance Company, driver and owner jointly and severally. For the sake of convenience, the parties shall hereinafter be referred to as per their description before the Tribunal.

(2.) As per averments made in the claim petition, on 3/5/2018 at about 5:00 pm, deceased- Narendra Singh Netam, aged about 22 years, earning Rs.8,000.00 per month as Helper in Hywa Truck and Trailer, was returning to his home on motorcycle bearing registration No.CG10-U-2136. However, when they reached near Kadaar National Highway, non-applicant No.1 /driver of the vehicle Trailer bearing registration No.CG13-LA-5360 (hereinafter referred to as 'offending vehicle'), by driving the trailer in a rash and negligent manner, dashed the vehicle of the deceased, as a result of which, deceased sustained grievous injuries on his body and succumbed to the same. At the time of accident, the offending vehicle was owned by non-applicant no.2 and insured with non-applicant no.3.

(3.) On claim petition being filed by the claimants under Sec. 166 of the Motor Vehicles Act to the tune of Rs.23,08,000.00, the Tribunal considering the evidence led by both the parties passed an award as mentioned above.