NEW INDIA ASSURANCE COMPANY LIMITED Vs. KANTI YADAV

JUDGEMENT

(1.) This appeal has been preferred by the Appellant-Insurance Company under Sec. 173 of the Motor Vehicles Act, 1988 being aggrieved by the impugned award dtd. 2/11/2015 passed by Chief Motor Accident Claims Tribunal, Dhamtari, District-Dhamtari (C.G.) (hereinafter referred to as 'the Claims Tribunal') in Claim Case No. 10/2015, whereby the Claims Tribunal passed an award of compensation of Rs.35,43,268.00 in favour of the Claimants and fastened liability upon the Insurance Company.

(2.) Facts of the case are that on 17/4/2014, allegedly the deceased Vijay Kumar Yadav, after completing his election duty was returning towards his home on a motorcycyle bearing Registration No. CG 04 DL 3189, at around 10 PM, when he reached at Sambalpur railway crossing at Dhamtari-Raipur road, a bus bearing Registration No. C.G. 09 F 6030 (for short 'the offending vehicle') rashly and negligently driven by Respondent No.4, dashed the motorcycle of the deceased due to that the deceased sustained serious injuries and resultantly he died. The offending vehicle owned by Respondent No.5. On the next date of incident i.e. 18/4/2014, a report was made regarding the said incident by brother of the deceased. On the basis of said report, offence under Sec. 304-A of the Indian Penal Code has been registered and after completion of investigation, charge-sheet has been filed.

(3.) The Claimants that are Respondents No.1 to 3 filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 before the Claims Tribunal claiming compensation to the tune of Rs.90,10,000.00. It was pleaded by the Respondents/Claimants that at the time of accident the deceased was aged about 50 years and was working as Sahayak Vikas Vistar Adhikari in Janpad Panchayat Dhamtari (C.G.) and was getting monthly salary of Rs.36,148.00. He also owned some agricultural land at village Saloni (C.G.).