UTTARA BAI, W/O LATE VALLABH CHAND DHRITLAHARE, AGED 28 YEARS, R/O TALAPARA, BILASPUR, CHHATTISGARH Vs. SMT. SHYAM BAI, AGED ABOUT 46 YEARS, WD/O THANURAM DHRITLAHARE

JUDGEMENT

(1.) These two appeals are being disposed of by a common judgment since they both arise out of one award dated 31.8.2006 passed by the Additional Motor Accidents Claims Tribunal, Mungeli in Claim Case No. 92 of 2005.

(2.) The undisputed facts of the case are that there was a collision between Truck No.CG 04 ZC 1512 and Truck No. MP 16A 3369. Truck No. CG 04 ZC 1512 was being driven by one Abdul Memon and owned by Rajesh Kumar. This vehicle was insured with the Oriental Insurance Company. This truck was allegedly being driven at a high speed and hit the Truck No. MP 16A 3369 which was being driven by Ashish Bahal, owned by Sardar Nirmal Singh and insured with the United India Insurance Company Limited. After the collision, Truck No. CG 04 ZC 1512 hit one Maruti Van bearing registration No. CG 10BB 5969 being driven by deceased Vallabh Chand. As a result of the injuries sustained in the accident, Vallabh Chand died. A claim petition was filed by Smt. Shyambai, mother of Vallabh Chand and Basant Kumar, brother of Vallabh Chand claiming compensation for the death of Vallabh Chand. In the claim petition itself, Uttara Bai was made a party and she has been described as stated to be wife of Vallabh Chand .

(3.) The Tribunal held that deceased Vallabh Chand was earning Rs. 3300.00 per month. It deducted ⅓rd towards his personal expenses and awarded Rs. 4,83,200.00 as compensation. The Tribunal further held that Uttara Bai had failed to prove that she was the widow of the deceased and rejected her claim and awarded the entire amount in favour of the mother and the brother of the deceased. It further held that the Respondents No.1, 2 and 3 in the claim petition, i.e., the driver, the owner and the insurer of Vehicle No. CG 04 ZC 1512 would be liable to the extent of 60% and Respondents No.4, 5 and 6 in the claim petition, i.e., the diver, the owner and the insurer of Vehicle No. MP 16A 3369 would be liable to pay 40% of the compensation.