RUKMANI BAI Vs. RAM VISHAL SHARMA

JUDGEMENT

(1.) THE impugned award dated 15. 2. 2003 passed by Eighth additional Motor Accidents Claims Tribunal, Durg (for short 'the Tribunal') in claim Case No. 128 of 2002 has given rise to the filing of these two miscellaneous appeals, i. e. , M. A. Nos. 372 and 391 of 2003. The claimants have filed M. A. No. 372 of 2003 for enhancement of the compensation, whereas M. A. No. 391 of 2003 is at the behest of the insurer of the offending vehicle against the award.

(2.) THE claimants, unfortunate parents of deceased Kaushal Prasad Choudhary, claimed compensation of Rs. 50,75,000 by filing a claim petition under section 166 of the Motor Vehicles Act for his death in a motor accident, when he was dashed by the offending vehicle-truck bearing registration No. MP 26-D 1762, resulting in multiple serious injuries to Kaushal Prasad Choudhary who succumbed to those injuries on his way to the hospital. The claimants further pleaded that their son kaushal Prasad Choudhary used to earn about Rs. 3,00,000 per annum from agriculture, by selling milk and by plying his jeep as taxi.

(3.) THE owner, driver and insurer of the offending vehicle-truck contested the claim and denied their liability to pay compensation to the claimants. The driver and owner of the offending vehicle-truck pleaded that the driver of the truck was not responsible for the accident, whereas the insurer took the plea that the truck was being plied in breach of the policy conditions.