SHRI RAM GENERAL INSURANCE COMPANY LIMITED Vs. SHIVARAM

JUDGEMENT

(1.) This is insurer's appeal against the award dtd. 30/6/2014 passed by the Additional Motor Accident Claims Tribunal, Pratappur, District - Surajpur (C.G.) in M.A.C.C. No.28/2012 awarding compensation of Rs.6,44,000.00 with interest @ 7.5% per annum, from the date of application till its realization, in favour of the claimants for their irreparable loss.

(2.) The gist of claim before the Claims Tribunal was that on 17/12/2010, when deceased Ganesh Kujur was returning from Rabartganj (UP) to Ambikapur (CG) driving Pickup bearing registration No.UP64/H/3863, near village Chandaura, the offending Truck bearing registration No.UP 64 A 5838, owned by respondent no.2 and driven by Ram Bihari @ Kishun rashly and negligently dashed his Pickup, as a result of which, he suffered grievous injures and died on the spot. The matter was reported to Police Station, Chandaura, District Surajpur, thereon a criminal case was registered against the driver of the offending truck who died in the same accident.

(3.) It was claimed that deceased Ganesh Kujur was a driver by profession and was earning Rs.6,000.00 per month. Due to the casual death of deceased Ganesh Kujur, there is an irreparable loss to the claimants who are the parents of the deceased. Therefore, the claimants preferred an application before the Tribunal claiming total compensation of Rs.12,00,000.00.