SHRIRAM GENERAL INSURANCE CO. LTD. Vs. BHAGWANTEEN

JUDGEMENT

(1.) This appellant / Insurance Company has filed this appeal under Sec. 173 of Motor Vehicles Act, 1988 (for short 'MV Act'), being aggrieved by the award dtd. 10/12/2018 passed in Claim Case No. 28/2016 by the Additional Motor Accident Claims Tribunal, Gariyaband (C.G.).

(2.) By the impugned award, against a claim of Rs.40,50,000.00, the learned Tribunal has awarded compensation of Rs.10,38,088.00 in favour of the respondent No.1 to 4 / claimants on account of death of deceased Siyaram Sahu in an accident that occurred on 21/02/2016 by rash and negligent driving of the offending vehicle Mahindra tractor bearing registration No. CG-04-DM-9642 and unnumbered trolley. Respondent No. 5 is the driver and respondent No. 6 is the owner of the offending vehicle and insured with the appellant / insurance Company.

(3.) As per further pleadings of claim application, respondent No.5 parked the offending vehicle Tractor and unnumbered trolley without parking light on the Public way. The deceased was driving the motorcycle along-with Siyaram Markam was coming from Village ' Korba. Since the offending vehicle was parked on the Public Way he dashed motorcycle to the Tractor and fell down and sustained severe injuries. He was taken to Govt. Hospital, Rajim where he was declared dead at around 06:30pm. The accident occurred as the respondent No.5 parked the offending vehicle without indicator or parking light. The report was lodged at Police Station ' Rajim upon which Crime No. 0/16 was registered and therefater crime No.36/2016 was registered at Police Station - Banduka as the accident occurred in it's jurisdiction.