ORIENTAL INSURANCE CO. LTD. Vs. JASITA POONAM EKKA

JUDGEMENT

(1.) Insurance Company/ appellant in the present appeal who was Respondent no. 3 in Tribunal has iled this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short 'Act of 1988') being aggrieved of the award dtd. 30/7/2019 in Claim Case No. 151/2018 passed by the learned Second Additional Motor Accident Claims Tribunal, Jagdalpur District- Bastar (C.G.) , whereby Tribunal allowed application iled under Sec. 166 of the Act of 1988 in part, calculated total compensation of Rs.1,84,43,100.00 on account of death of Deepak Vinod Xess/deceased.

(2.) Facts relevant for disposal of this appeal are that on 1/1/2018 at about 8'o clock in the night deceased/ Deepak Vinod Xess was going from Raipur to Jagdalpur in his own car bearing registration no. CG 10 FA 1913 from the right side at a very nominal speed. At the same time one Santosh Kumar Dhruv/ Respondent no. 3 in present appeal allegedly driving a New Sold 407 Tata vehicle in a very rash and negligent manner bearing Registration no. CG 19 BG 5467 dashed the car of the deceased from the front side, due to which the deceased sustained multiple injuries in his various body parts. Soon after the accident the deceased was taken to the hospital but he was succumbed to death before reaching to the hospital. Report was lodged about the accident in Police Station Keshkal, Distict Kondagaon against Santosh Kumar.

(3.) Appellant No. 1 in tribunal/ respondent no. 1 in present petition is the wife of the deceased and Appellant No. 2 in tribunal/respondent no. 2 in present petition is the minor son of the deceased have iled an application under Sec. 166 of the Act of 1988 seeking total compensation of Rs.2,49,91,948.00 pleading therein that on the date of accident, deceased was 44 years of age,and was working in N.M.D.C. Iron and Steel Plant Jagdalpur, District Bastar from which he was earning Rs.1,59,795.50 per month . Both wife and son were dependent upon the income of the deceased.