ANAND KUMAR SON Vs. CHHATRAPAL RAJWADE

JUDGEMENT

(1.) This appeal is by the claimants against the award dtd. 24/6/2019 passed by 2nd Additional Motor Accident Claims Tribunal, Manendragarh, District Korea, C.G. in Motor Accident Claim Case No.09/2018, awarding total compensation of Rs.4,48,000.00 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 1/11/2017 at about 7:00 pm, deceased- Virendra Kumar @ Raja along with his friend was coming on motorcycle bearing registration No.CG16-D-7754 from village Katotiya to Manendragarh, however, on the way, when he reached near Imli Golai, he was dashed by Bolero vehicle bearing registration No.CG16-CH-6579 (hereinafter called as 'offending vehicle') being driven by its driver/nonapplicant No.1 in a rash and negligent manner, as a result of which, deceased- Virendra Kumar @ Raja sustained grievous injuries over his body and died on the spot. At the time of accident, it is not in dispute that the offending vehicle was owned by non-applicant No.2 and insured with nonapplicant No.3./Insurance Company.

(3.) On account of sudden demise of deceased- Virendra Kumar, a claim petition was filed by his parents seeking compensation to the tune of Rs.66,00,000.00 on various heads, interalia, stating that at the time of accident, deceased was 21 years old and was studying Mining Engineering at Shridhar University Pilani, Rajasthan. The Tribunal considering the evidence led by both the parties passed an award as mentioned in opening paragraph of his judgment.