RAM GENERAL INSURANCE COMPANY LTD. Vs. SUKDI

JUDGEMENT

(1.) These two appeals have been preferred by the appellantInsurance Company under Sec. 173 of the Motor Vehicles Act, 1988, calling in question the common award dtd. 26/4/2016 passed by the First Additional Motor Accident Claims Tribunal, Bastar at Jagdalpur, Chhattisgarh, in Claim Case Nos. 62/2014 and 63/2014, whereby compensation of Rs.3,59,000.00 and Rs.4,29,000.00 respectively, along with interest @ 9% per annum from the date of application till realization, has been awarded in favour of the claimants and the liability has been fastened upon the present appellant/insurance company. Since both appeals arise out of the same accident, involve identical questions of law and fact, and challenge the award only on the point of liability of the insurer, they are being decided by this common judgment.

(2.) As per the averments made in the claim petitions, on the intervening night of 30/4/2012 at about 12:00 midnight, the deceased persons, namely, Kohrami Jaggu and Kohrami Chaitu, were proceeding with their bullock cart near Village Dilmili Dega Aamapara on N.H.-16 road. At that time, the offending truck bearing Registration No. CG-18 H- 0542 (hereinafter referred to as "the offending vehicle"), coming from Jagdalpur towards Dantewada, was being driven by Non- Applicant No.1, Neharlal Sahu, in a rash and negligent manner, and dashed against the bullock cart from behind. Due to the forceful impact, both Kohrami Jaggu and Kohrami Chaitu sustained fatal injuries and died on the spot, and two bullocks also died at the place of occurrence. At the time of the accident, the offending vehicle was owned by Non- Applicant No.2, Ram Kumar Soni, and was insured with Non-Applicant No.3, the Insurance Company.

(3.) On account of death of deceased persons, a claim petitions were filed by the respective claimants under Sec. 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.15,25,000.00 and Rs.21,50,000.00 respectively under various heads. However, the learned Tribunal vide common award dtd. 26/4/2016, awarded a compensation as mentioned in paragraph 1 of this judgment while making the appellant insurer liable for payment of compensation. Hence, these appeals.