MAHESHWARI PAIKRA Vs. AKENDRA KUMAR BAITHA

JUDGEMENT

(1.) This appeal is by the claimants against the award dtd. 22/2/2021 passed by Motor Accident Claims Tribunal, Ambikapur, District Surguja, C.G. in Motor Accident Claim Case No.230/2019, awarding total compensation of Rs.10,78,000.00 with interest @ 7% per annum from the date of application till its realization, fastening liability on the Insurance Company. 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 11/10/2019 at about 9:40 pm, deceased- Bahoran Paikra, aged about 35 years, earning Rs.16,000.00 per month by working as Mason, along with other companions was returning to his home from Pratappur in pickup bearing registration No.CG15-CX-8103. However, on the way near village Jagarnathpur, non-applicant No.1 had parked the vehicle Truck bearing No. CG15-AC-5784 (hereinafter called as 'offending vehicle') in the middle of the road without any signal or indicator in a negligent manner, as a result of which the said pickup got dashed against the offending vehicle. In the said accident, deceased- Bahoran Paikra suffered grievous injuries over his body and during treatment in the Medical College Hospital, Ambikapur, he died on 18/11/2019. 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.35,14,000.00, the Tribunal considering the evidence led by both the parties passed an award as mentioned above.