DASHRATH SIDAR Vs. CHAMAN KUMAR SAHU

JUDGEMENT

(1.) The present is a claimants' appeal under Section 173 of the Motor Vehicles Act, 1988, assailing the award dated 16.10.2004 passed by the Second Additional Motor Accident Claims Tribunal, Mahasamund, in Claim Case No. 56/2004.

(2.) Vide the said impugned award, the Tribunal, in a proceeding under Section 166 of the Motor Vehicles Act initiated by the claimants, has awarded a compensation of Rs. 1,32,500/- with interest thereon at the rate of 8% per annum from the date of claim application. While passing the award, the Tribunal had exonerated the Insurance Company from its liability to pay compensation, on the ground of there being a breach of policy conditions and fastened the liability to pay the compensation upon the owner and driver of the offending jeep.

(3.) It is a case where on 15.1.2004, the deceased Tilmoti, wife of appellant-claimant no.1 and mother of appellants-claimants no. 2 to 6, met with a vehicular accident and succumbed on the spot due to the injuries sustained. The said accident is said to have occurred when she was travelling along with appellants in the offending vehicle, i.e., Commander Jeep No. CG13/ZD-0165, driven by respondent no.1-Chaman Kumar Sahu, owned by respondent no.2-Dinesh Kumar Chourasia and insured with respondent no.3-Oriental Insurance Company at the relevant time.