LAWS(CHH)-2017-9-116

DINESH VAISHNAV Vs. VIJAY KUMAR SEN

Decided On September 13, 2017
DINESH VAISHNAV Appellant
V/S
Vijay Kumar Sen Respondents

JUDGEMENT

(1.) The present is a Claimant's appeal under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Raipur, on 19.7.2007, in Claim Case No. 28/2007.

(2.) Vide the said impugned award, the Tribunal, in a proceeding under Section 166 of the Motor Vehicles Act initiated by the Claimant, has awarded a compensation of Rs. 79,452/- to the Claimant with interest thereon at the rate of 6% per annum from the date of award, fastening the liability jointly and severally upon the driver, owner and insurer of the offending Jeep, bearing Registration No. CG04-B/3254, to pay the compensation awarded.

(3.) Respondent No.3-Insurance Company has also filed a cross- objection under Order XLI Rule 22 of the Code of Civil Procedure, challenging the impugned award to the extent of liability fastened upon it for payment of compensation awarded.