SHRIRAM GENERAL INSURANCE CO. Vs. BABU RAMLU MAADI

JUDGEMENT

(1.) The present appeal is directed under Sec. 173 of the M.V. Act, 1988 by the insurance company against the award dtd. 7/2/2018 passed by learned Additional Motor Accident Claims Tribunal, Bhatapara (C.G.) in Claim Case No. H-30/2014, whereby the Claims Tribunal has awarded a compensation of Rs.5,02,000.00 in favour of claimants/respondents No. 1 & 2 herein.

(2.) As against the compensation of Rs.21,62,369.00 claimed by the unfortunate parents (respondents No. 1 & 2 herein) of deceased - Ganesh Babu Mani by filing claim application under Sec. 166 of the Motor Vehicles Act, 1988 (for short 'the Act') for his death in the motor accident on 26/4/2014, the Tribunal awarded a total sum of Rs.5,02,000.00 as compensation along with interest @ 9% per annum from the date of application till its actual payment.

(3.) In the award in question, the Tribunal found that the accident was caused due to the negligence and rashness of the driver Jiwan Prasad Miri (respondent No. 4) of the offending vehicle i.e. tractor-trolley, in which Ganesh Babu Mani, who was riding as a pillion rider on the motorcycle, died due to head injury due to the collision. The offending vehicle tractor was insured by the appellant/insurance company, whose insurance policy is Ex.D-1; no violation of the policy was found to be proved, hence the owner Upendra Jaiswal (respondent No. 3) and the driver Jiwan Prasad Miri (respondent No. 4) of the tractor as well as the appellant/insurance company were held liable for payment of compensation, which has been challenged in the appeal by the appellant/insurance company.