SUNDARI WD/O LATE KOSO Vs. MAHESH

JUDGEMENT

(1.) By the instant appeal, the appellants/claimants are challenging the legality and validity of the award dated 07.07.2018 passed by the 3rd Additional Motor Accident Claims Tribunal, Bastar Place Jagdalpur, C.G (in short "Claims Tribunal') in Claim Case No.137/2017, whereby the learned Claims Tribunal awarded total compensation of Rs. 4,58,400/- 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 23.07.2017 deceased -Sundar Kashyap, aged about 30 years, unmarried, who was working as a Mason, was returning to his home by a motor cycle and when he reached near Kumhrawad Agriculture College, at the same time the respondent No.1 driving the Tipper vehicle bearing registration No. CG17-H-3309 rashly and negligently, dashed the vehicle of deceased. The deceased received severe injuries and died on the spot. The claimants, who are Mother, Sisters and Brother of deceased -Sundar Kashyap, filed claim application before the Tribunal claiming compensation to the tune of Rs. 11,98,000/- 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.