ORIENTAL INSURANCE CO. LTD Vs. POOJA DEWANGAN

JUDGEMENT

(1.) This appeal has been filed by the appellant - Oriental Insurance Company Limited against the award dtd. 26/7/2016 passed by the 7th Additional Motor Accident Claims Tribunal, Durg (C.G.) (in short 'the Tribunal ') in Motor Accidents Claim Case No.01/2015, whereby the learned Claims Tribunal has awarded total compensation of Rs.1,10,02,448.00 in favour of the applicant/claimants and non applicants No.3, 4 & 6 and against the non-applicant No.5, along with non-applicants No.1 & 2, with interest @ 9% per annum from the date of filing of claim petition till its realisation.

(2.) As per averments made in the claim petition, on 15/6/2013 at about 10:30 PM, deceased - Anil Kumar Dewangan, after his office duty hour, was returning to his house on his motorcycle. When he reached near village Duwari Nawasta, his motorcycle was dashed by the driver of Mahindra Max Vehicle bearing registration No.MP-17-T-1378 (hereinafter referred to as 'the offending vehicle ') which was driven by the driver/non-applicant No.1, namely, Chandramani, in a rash and negligent manner, as a result of which, deceased - Anil Kumar Dewangan, sustained grievous injuries over his body and died on the spot. At the time of accident, the offending vehicle was owned by non applicant No.2 Smt. Prema Singh and insured with non-applicant No.5/The Oriental Insurance Company Limited.

(3.) On account of death of deceased - Anil Kumar Dewangan, a claim petition was filed by the claimants under Sec. 166 of the Motor Vehicles Act seeking compensation to the tune of Rs.1,75,79,333.00 inter alia pleading that at the time of accident, deceased - Anil Kumar Dewangan was aged about 34 years & earning Rs.53,363.00 per month by working as an Engineer in the Jaiprakash Associates Limited (Unit : Jaypee Rewa Plant). However, the learned Tribunal vide award dtd. 26/7/2016, awarded a compensation as mentioned in paragraph 1 of this judgment and fastened the liability upon the non-applicants Nos.1, 2 and 5 jointly and severally.