ORIENTAL INSURANCE COMPANY LTD Vs. S. PRASAD SINHA

JUDGEMENT

(1.) THIS is an appeal by the insurance company against the award dated 14.01.2013 passed in Claim Case No. 14/2012 by the Court of Seventh Additional Motor Accident Claims Tribunal, Raipur, whereby as against the claim of Rs.27,60,000/ -, total award of Rs. 13,75,000/ - has been passed.

(2.) BRIEFLY stated facts, as was pleaded by the claimants in the claim petition, are that the deceased Prashant Sinha who was a boy of 19 years was a student of National Institute of Technology (NIT) Raipur. It was stated that the deceased was a brilliant student and therefore he was selected in NIT and had he been passed the Engineering, he would have earn minimum Rs. 25,000/ - per month. The claim was preferred by the mother and father of the deceased alleging that on 16.10.2011 at about 8 O 'clock in the morning, the non -applicant No. 1 Ramashray caused the accident and dashed the deceased by driving his vehicle i.e. Truck bearing No. OR 14 U 9396 in a rash and negligent manner whereby the deceased Prashant Sinha died on the spot because of the accident. It was stated that at the relevant time Prashant Sinha was going on his motorcycle bearing No.C.G. 12 M 3864.

(3.) REPLYING the averments of the claim petition, the driver and owner i.e., Ramashray and Pradeep Kumar Chopda stated that at the relevant time the vehicle was being driven at a moderate speed but the accident had caused from the rear wheel of the Truck for the own negligence of the deceased Prashant Sinha. It was further stated that if at all it is held that the non -applicants were liable then in such eventuality since the vehicle was insured therefore the liability has to be incurred by the insurance company.