MAGMA GENERAL INSURANCE COMPANY LTD. Vs. DUVASIYA BAI

JUDGEMENT

(1.) MAC No. 1171 of 2016 is the insurer's appeal and MAC No. 1270 of 2016 is the claimants' appeal against the award dtd. 20/6/2016 passed by the Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No.730/2014.

(2.) The case of the claimants was that on the date of the accident i.e. 7/7/2014, deceased Tiharu Ram Kenwat was coming to village Medhpaar Chhota from Betalpur on a motorcycle bearing registration No. CG-22-6743. The deceased was riding his motorcycle whereas his friends namely Ram Bihari Kenwat and Ram Khilawan were on the other motorcycle. At about 7:00 pm, when they reached near village Kirna on Bilaspur Raipur Highway then a Tata Magic bearing registration No. CG-04T-9963 (hereinafter referred to as 'the offending vehicle'), driven by driver Derha Ram Ratrey in a high speed and negligent manner struck the motorcycle of the deceased due to which he sustained multiple injuries, which resulted his death during treatment. A criminal case No.167/14 under Sec. 279, 337 I.P.C. was also registered in this regard.

(3.) Claim application for compensation has been filed by the claimants stating therein that the deceased was aged about 28 years at the time of the accident and was working as a driver and was earning Rs.10,000.00 per month, therefore, total Rs.22,70,000.00 (twenty-two lakh seven y thousand only) as compensation under various heads has been claimed by the claimants.