NEW INDIA ASSURANCE CO. LTD. Vs. MAMTA DAHIA

JUDGEMENT

(1.) The present appeal has been filed by the insurance company against the award dtd. 29/9/2023 passed by learned First Additional Motor Accident Claims Tribunal, Jagdalpur, in Claim Case No. 303/2021, whereby the learned claims tribunal has awarded Rs.48,34,864.00 towards compensation to the claimants on account of death of the deceased Umedmal who dies in a Motor Accident.

(2.) The brief facts of the case are that on 7/7/2021, the deceased was going to Bhanpuri from his village Kondagaon by his Dustar Car bearing registration No. CG.27-J-2713 along with his friend Tikam Pahuja. The said vehicle was being driven by the Respondent No. 5, Devendra Giri, by rashly and negligently who dashed the said Dustar Car with a Truck which was parked on the road. By the accident, the deceased received grievous injuries and he immediately taken to Kondagaon hospital and referred to Raipur hospital, where he died on 18/7/2021 during his treatment. The police have registered the offence against the driver of the offending vehicle and charge sheet was filed against him.

(3.) The legal representatives of the deceased Umedmal being the wife, children and mother, have filed a claim case before the learned claims Tribunal for total monetary compensation of Rs.82,00,000.00 in various heads with the pleading in the claim application that the deceased was earning Rs.5,00,000.00 per year by clothes business and they were dependent upon him.