SUNITA TIWARI Vs. AMAR BHATI

JUDGEMENT

(1.) Since both the aforesaid appeals arise out of same impugned award dtd. 12/5/2015, they are being disposed of by this common judgment.

(2.) Both the aforesaid appeals have been filed by the claimants and Insurance Company respectively being aggrieved by the impugned award dtd. 12/5/2015 passed by the Motor Accident Claims Tribunal, Mahasamund, C.G. (for short, 'the Tribunal) in Claim Case No. H-128/2014, whereby the Tribunal has allowed the claim petition in part, preferred by the claimants, by awarding total compensation of Rs.32,05,500.00 along with interest at 6% per annum from the date of filing of claim petition till its realisation, while fastening liability upon the Non-applicants jointly and severally. For the sake of convenience, the parties shall hereinafter be referred to as per their description before the Tribunal.

(3.) As per claim petition, on 21/6/2014, deceased- Satyendra Tiwari, aged about 38 years, earning Rs.17,000.00 per month by working as Supervisor in Transport Company, died in the motor vehicular accident caused due to rash and negligent driving of Truck bearing registration No.CG06-B-9257 (hereinafter referred as 'offending vehicle') by non-applicant no.1/driver. At the time of accident, the offending vehicle was owned by non-applicant no.2 and duly insured with non-applicant no.3.