SMT. FAIMIDA BEGUM, WIDOW OF LATE MOHAMMAD TAAJ, AGED ABOUT 32 YEARS Vs. MAHESH KUMAR, SON OF GULAB SINGH GOND, AGED ABOUT 25 YEARS, RESIDENT OF C/O MOHAN SINGH, NEW HYDERABAD RAIPUR TRANSPORT, NEAR JAIN PETROL PUMP, TATIBANDH, RAIPUR, TAH. AND DISTT. RAIPUR C.G.

JUDGEMENT

(1.) This appeal is by the claimants against the award dated 03.05.2013, passed by the Court of IInd Additional Motor Accident Claims Tribunal, Durg in claim case no.30/2011, whereby non-applicants 1 & 2 i.e., driver and owner have been directed to pay a total compensation of Rs .4,34,000.00 to the claimants/appellants with interest @ 6% per annum.

(2.) Briefly stated facts of the case are that on 13.06.2010, deceased Taaj Mohammad along-with his friend Mohd. Mutalib were travelling in a tempo bearing registration No. C.G.-04/T-0577 from Durg to Dongargarh. When they reached near a village Banbhedi, at that time, the truck bearing registration no. A.P.10/V-4949 driven by non-applicant no.1 in rash and negligence manner dashed the tempo whereby the deceased sustained severe injuries on his head and during the course of treatment he died. The claim petition was filed by the widow of the deceased and four minor children as also the mother and father of deceased Taaj Mohammad claiming compensation of amount of Rs. 35,00,000.00 on various heads.

(3.) Non-applicants 1 & 2, the driver and owner of the offending truck, contended that the driver of the tempo bearing registration no. C.G.- 04/T-0577 was in drunken condition and thereby he drove the vehicle in rash and negligent manner and while coming on wrong side, dashed the truck No.A.P.10V-4949. It was further contended that the truck was insured with respondent no.3 and the award of compensation is liable to be paid by the Insurance Company.