KRISHNA DEVI Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This is claimants' appeal seeking enhancement of compensation awarded by 3rd Additional Motor Accident Claims Tribunal, Ambikapur (for short, the Claims Tribunal) in M.A.Claim Case No.529/2012 vide impugned award dtd. 8/4/2016.

(2.) Briefly stated the facts of the case are that on 30/10/2011, when Suresh (hereinafter referred to as the deceased) was returning to Ambikapur from village Pahadgaon while driving his Car bearing registration No.CG-15-B3471, near N.H. 43 main road of Sanjay Nagar, Mahabirpur at about 7:30 pm, the said Car was hit by the truck bearing registration No.CG-14-A3271 (in short, 'the offending vehicle'), which was being driven by Non- applicant No.3/driver in a rash and negligent manner, resulting into, accident occurred and deceased died inside the Car itself. It is not in dispute that respondent No.2 was the owner of the offending vehicle whereas respondent No.1 was insurer of the same.

(3.) Owing to death of deceased Suresh Kumar Goyal, claimants, being wife and children of the deceased, filed a claim petition seeking total compensation of Rs.67,00,000.00 on various heads, inter alia, stating that the deceased was aged 40 years at the time of accident and was earning Rs.2,50,600.00 from Automobile business and agricultural work.