LAWS(CHH)-2017-9-82

SANTOSH JAISWAL Vs. HARIKRISHNA

Decided On September 04, 2017
SANTOSH JAISWAL Appellant
V/S
HARIKRISHNA Respondents

JUDGEMENT

(1.) The present two appeals under Section 173 of the Motor Vehicles Act, 1988, have been filed assailing the award dated 16.12.2015 passed by the First Additional Motor Accident Claims Tribunal, Manendragarh, District Koriya, in Motor Accident Claim Case No. 60/2014.

(2.) MAC No. 430/2017 is an appeal by the owner challenging the liability of payment of compensation which has been fastened upon it after exonerating the Insurance Company. MAC No. 1046/2016 is an appeal preferred by the claimants seeking enhancement of compensation awarded by the Tribunal.

(3.) Vide the impugned award dated 16.12.2015, the Tribunal, on an application under Section 166 of the Motor Vehicles Act moved by the claimants for compensation, has awarded a compensation of Rs. 25,000/- to the claimants with interest thereon at the rate of 7% per annum from the date of filing of claim application, fastening the liability for payment of the same jointly and severally upon the owner and driver of the pickup van involved in the accident, after exonerating the Insurance Company from its liability.