RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. BABITA BHAGAT

JUDGEMENT

(1.) As both above mentioned appeals arise out of same judgment, both are being heard and disposed of by a common order.

(2.) These two miscellaneous civil appeals have been preferred against award dated 24.02.2015 passed by Additional Motor Accident Claims Tribunal, Jashpur (CG) in Claim Case No.15/2014 wherein the learned Tribunal has awarded compensation of Rs.41,01,728/- for death of Rantharam Bhagat and Rs.2,80,000/- for death of Ankit Kumar Bhagat in favour of respondents 1 to 3/claimants. Through the appeal of Insurance Company, the award is assailed while claimants' appeal is for enhancement of the award amount.

(3.) Facts of the case in brief are that on 17.10.2013 deceased Ramtharam was going to village Rajouti from Jashpur by driving a motor cycle in which his wife Babita Bhagat and children namely Ankit and Samir were sitting. At that time, respondent No.5 by negligently driving vehicle Bolero Pickup bearing registration No.WB 33B 0090 dashed the motor cycle, due to which Rantharam sustained head injuries and succumbed to the injuries on the spot. Smt. Babita Bhagat, Ankit and Samir also sustained injuries. Ankit was first admitted in Holycross Hospital, Kunkuri and thereafter shifted to Jeevan Jyoti Hospital, Ambikapur where he succumbed to the injuries on 18.10.2013. Deceased Rantharam was Accountant in Chhattisgarh State Electricity Board, posted at Jashpur Division and was getting a salary of Rs.38,382/- per month. Deceased Ankit was a student of Class-9. The Claim petition was filed by respondents 1 to 3 who happened to be the legal heirs/legal representatives of deceased Rantharam and Ankit.