ORIENTAL INSURANCE CO. LTD Vs. MANEESHA SINGH

JUDGEMENT

(1.) This appeal has been preferred by the appellant/insurance company being aggrieved by the award passed by the Principal Motor Accidents Claims Tribunal Raipur, (C.G.) (in short 'the Tribunal') dtd. 10/3/2016 in Claim Case No.345/2014 whereby the learned Claims Tribunal has awarded total compensation of Rs.12,51,400.00 in favour of the claimants and against the non-applicant Nos.1,2 & 3 jointly and severally, along with interest @ 6% per annum from the date of filing of claim petition till its realisation. The Tribunal has further directed that if amount of compensation is paid by the nonapplicant No.3/Insurance company, then the insurance company would be at liberty to recover the same from non-applicant No.2 & 3.

(2.) As per the averments in claim petition, on 22/12/2013 at 10:00 AM at village Rawanbhata near Transport Nagar, non-applicant No.1- P. Gopirao drove his auto bearing registration No.CG-04-T-7331 (for short 'the offending vehicle') in a rash and negligent manner and dashed the motorcycle being driven by one Dhananjay Singh, as a result of which he succumbed to the serious injuries sustained by him on the spot. A claim petition has been filed by the claimants/respondents No.1 & 2 claiming compensation to the tune of Rs.21,00,000.00 on various heads, stating, inter alia, that deceased was 32 years old and used to earn Rs.9,000.00 per month by working as operator of Dharmkanta.

(3.) The claim application was resisted by the respondents/nonapplicants on various ground including that the insurance company taking the plea that there is breach of policy conditions.