UNITED INDIA INSURANCE COMPANY LIMITED Vs. GURUWARI BAI

JUDGEMENT

(1.) The appellant/insurer has filed this appeal under Sec. 173 of the Motor Vehicles Act against the award dtd. 27/2/2019 passed by the II Additional Motor Accident Claims Tribunal, Sakti, Distt. JanjgirChampa in Claim Case No.33/2016 awarding total compensation of Rs.6,50,800.00 to the claimants with interest @ 9% p.a. from the date of claim petition till realization, fastening liability jointly and severally on the appellant/insurer with respondent No.4/owner-driver.

(2.) As per claim petition, on 27/11/2015 at around 8.0/9/0 am Gendram, a mason, was going by bicycle for doing his work. However, when he reached near old District Hospital, Janjgir, in front of Rarula Hospital, respondent No.4 Darshan Singh Jat by driving Harvester vehicle bearing registration No. PB 11 AK 7633 (hereinafter referred to as "offending vehicle") in a rash and negligent manner hit the bicycle of Gendram resulting in grievous injuries to Gendrum including fracture of his waist bone. Immediately thereafter Gendram was taken to hospital where the doctor declared him dead. At the time of accident, the offending vehicle was owned and driven by respondent No.4 Darshan Singh Jat and insured with the appellant United India Insurance Co. Ltd.

(3.) The claimants filed a claim petition under Sec. 166 of the Motor Vehicles Act, with the averments that the deceased was a healthy person of 52 years, earning Rs.300.00 to 400/- per day as a mason and this apart, was also earning Rs.10,000.00 per month from agriculture. Hence they claimed a total sum of Rs.36,30,000.00 under various heads with interest @ 12% per annum.