BRANCH MANAGER Vs. CHANDBIWI

JUDGEMENT

(1.) This is insurer's appeal under Section 173 of the Motor Vehicles Act against the award dated 18.03.2016 passed by the First Motor Accident Claims Tribunal, Bilaspur (in short, the Tribunal) in Claim Case No.10 of 2013 (Old Case No.150 of 2005. Vide the said impugned award, the Tribunal on an application preferred by the claimants under Section 166 of the Motor Vehicles Act has awarded a compensation of Rs.5,47,600/-.

(2.) The brief facts of the case is that, the son of respondent No.1 and brother of respondents No.2 to 4 Mohd. Nasim met with an accident while he was sitting as a pillion rider in the Scooter bearing registration No.CG-19-ZE-3998. As a result of the said accident, Nasim sustained grievous injuries and to which he later succumbed. The offending vehicle belonged to respondent No.6 and was being driven by son of respondent No.6 i.e. respondent No.5. The age of the deceased at the time of accident was 23 years.

(3.) The claimants preferred claim application under Section 166 of the MV Act seeking for compensation on the accidental death of the deceased. The respondents No.5&6 i.e. driver and owner of the Scooter involved in the accident admitted the accident and stated that the accident had occurred because of technical fault as the brake wire of the scooter got broken and because of failure of brake, the scooter went and dashed against a large stone beside the road resulting in the accident.