KULESHWAR ALIAS RAJU Vs. FIRANTA SAHU

JUDGEMENT

(1.) Both the appeals have been arising out of common award; therefore, both of them are taken together for hearing and disposal.

(2.) First Additional Motor Accident Claims Tribunal, Raipur, Link Court at Gariyaband (for short "the Tribunal"), vide award dated 17-7-2006 passed in claim case No. 42/2006 allowed compensation of Rs. 2,26,000/- in favour of claimants against non-claimants No. 1 and 2. who are driver and owner of the vehicle. Feeling aggrieved claimants have filed appeal under Section 173 of the Motor Vehicles Act. 1988 (for short "the Act, 1988") for enhancement of the compensation and also questioning the exoneration of Insurance Company from payment of compensation amount. Owner of the vehicle/non-claimant No.2 also preferred an appeal questioning the quantum of compensation and exoneration of Insurance Company /non-claimant No.3 from reimbursement of the compensation amount.

(3.) Briefly stated facts are that on 9-9-2005 Kalyan Sahu (since deceased) along with other labourers after loading murum in tractor bearing registration No. CG-05-B-6192 & trolley bearing registration No. CG-05-B-6193 (for short "the offending vehicle") were going to Samhartara sitting on the trolley. Non-applicant No. 1 was the driver of the offending vehicle. As a result of rash and negligent driving of non-applicant No. 1, the tractor turned turtle. Kalyan Sahu fell down and came beneath the tractor's engine and succumbed to those on the spot. The claimants, who are legal representatives of the deceased, filed an application under Section 166 of the Act, 1988 for compensation against non-claimants No. 1 to 3, who are driver, owner and insurer of the offending vehicle.