MEENA DEVI Vs. BIJENDRA KUMAR

JUDGEMENT

(1.) This appeal is by the claimants against the award dtd. 18/3/2016 passed by the Motor Accident Claims Tribunal, District Janjgir-Champa, C.G. in Motor Accident Claim Case No.30/2015 awarding total compensation of Rs.40,59,052.00 with interest @ 8% 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 31/5/2015, deceased Geetaram, aged about 55 years, earning Rs.62,037.00 per month as ADC Attendant Grade-I, working in C.G. State Power Transmission Company Limited, Bhilai, was going from railway station Naila to Siwni in auto-rickshaw along with others passengers. However, on the way non-applicant no.1 by driving the vehicle truck hyva bearing no.CG10-C-7568 (hereinafter referred to as 'offending vehicle') in a rash and negligent manner, dashed the said auto-rickshaw, as a result of which, deceased- Geetaram suffered 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.95,56,107.00, the Tribunal considering the evidence led by both the parties passed an award as mentioned above.