SAVITRI BAI Vs. KAMLESH KUMAR

JUDGEMENT

(1.) This appeal is by the claimants against the award dtd. 23/11/2015 passed by the 4th Additional Motor Accident Claims Tribunal, Durg, C.G. in Claim Case No.42/2015, awarding total compensation of Rs.8,39,100.00 with interest @ 6% per annum from the date of application till its realization, fastening liability on the Insurance Company. For the sake of convenience, the parties shall hereinafter be referred to as per their description before the Tribunal.

(2.) As per averments made in the claim petition, on 15/5/2015, deceasedPannalal, aged about 45 years, earning Rs.20,000.00 per month by running a General Store, along with his wife (Smt. Savitri Bai)- appellant No.1 was going to village Somni on motorcycle bearing registration No. CG08-U8284. However, on the way, when they reached near village Kandul, nonapplicant No.1 / driver of the Metador bearing registration No.CG04-G6482 (hereinafter referred as 'offending vehicle') by driving the same in a rash and negligent manner, dashed the said motorcycle of deceased, as a result of which, deceased sustained grievous injuries over his body and died. In the said accident, appellant No.1-Smt. Savitri Bai also sustained injuries over her body. At the time of accident, the offending vehicle was owned by non-applicant no.2 and duly insured with non-applicant no.3.

(3.) On claim petition being filed by the claimants under Sec. 166 of the Motor Vehicles Act seeking compensation to the tune of Rs.37,50,000.00, the Tribunal considering the evidence led by both the parties passed an award as mentioned above.