DILIP GAJENDRA Vs. SANDEEP CHANDRAKAR

JUDGEMENT

(1.) Since two appeals are arising out of the award dtd. 7/12/2020 passed by the Motor Accident Claims Tribunal, Mahasamund, District Mahsamund, CG in Claim Case No. H-04/2019, they are being heard together and decided by this common order.

(2.) MAC No. 190 of 2021 is filed by the claimants for enhancement of compensation whereas MAC No. 467 of 2021 is filed by the owner of the offending vehicles against the exoneration of insurance company from payment of compensation.

(3.) Facts for deciding the appeals are that the name of the deceased is Harsh Gajendra who was aged about 13 years and met with an accident by rash and negligent driving of the offending vehicles A.C.E. Hydrologic Crain bearing registration No. CG 06 - E/9811 driven by the driver, owned by the owner and insured with the insurance company. There is no dispute to the fact that the deceased died on account of the said accident and a compensation of Rs.30,25,000.00 was claimed by the claimants by filing an application under Sec. 166 of MV Act.