SATYA PRAKASH SHARMA Vs. KRISHNA RATHORE

JUDGEMENT

(1.) The present is an owner's appeal under Section 173 of the Motor Vehicles Act, 1988, assailing the award dated 16.3.2017 passed by the Additional Motor Accident Claims Tribunal, Katghora, District Korba, in Motor Accident Claim Case No. 111/2008.

(2.) Vide the impugned, the learned Tribunal, in a death case, under Section 166 of the Motor Vehicles Act, has awarded a compensation of Rs.26,96,216/- to the claimants with interest thereon at the rate of 7% per annum from the date of presentation of the claim application. While passing the award, the learned Tribunal has exonerated the insurance company of its liability, fastening the responsibility of payment of compensation upon the owner, the present appellant.

(3.) Present is a second round of litigation, as on earlier occasion the Tribunal had decided the case on 28.3.2011 quantifying the compensation at Rs.14,22,892/- with 6% interest per annum and fastening the liability for payment of compensation upon the insurance company. The insurance company then had filed an appeal before this Court which was registered as M.A.(C) No. 832/2011 which stood decided on 14.6.2012 and this Court while disposing of the appeal in paragraph 6 had held as follows:-