RAMESHWARI BAI Vs. RAJ KUMAR

JUDGEMENT

(1.) By the instant appeal, the appellants/claimants are challenging the legality and validity of the award dated 31.01.2014 passed by the Additional Motor Accident Claims Tribunal, Mungeli, District Bilaspur, C.G (in short "Claims Tribunal') in Claim Case No.48/2012, whereby the learned Claims Tribunal awarded total compensation of Rs. 4,18,000/- along with interest @ 6 percent per annum from the date of application till its actual payment and fastened the liability on respondent No. 3 Insurance Company for satisfying the award of compensation.

(2.) Brief facts of the case, are that on 23.10.2009 deceased -Lakhan Lal Dewangan, aged about 30 years, who was working as a Retailer and Wholesale Scrap Dealer, met with an accident at about 9:20 PM. The deceased Lakhan Lal Dewangan was a pillion rider of motor cycle. At the time of accident the respondent No.1 while driving the offending vehicle truck bearing registration No. CG04-JA-8421 rashly and negligently, dashed the vehicle of deceased. The deceased received severe injuries and died on the spot. The claimants, who are parents, wife and minor children of deceased -Lakhan Lal Dewangan, have filed claim application before the Tribunal claiming compensation to the tune of Rs. 32,00,000/- from the respondents under various heads.

(3.) Respondent No.3 Insurance Company has contested the case by filing its written statement and pleaded that the claim of the claimants is on higher side and also pleaded that vehicle was being driven in breach of terms and condition of insurance policy, as the driver was not holding valid and effective driving licence to drive the offending vehicle.