ORIENTAL INSURANCE COMPANY LIMITED Vs. RAJNI BALAIA

JUDGEMENT

(1.) This appeal arises out of the award dated 05-10-2015 passed by 6th Additional Motor Accident Claims Tribunal (for short the "Tribunal") Durg in Claim Case No. 171/2013 awarding a compensation of Rs. 38,53,640/- in favour of the respondents No. 1 to 3 (claimants) for the death of Sharad Kumar Balaia.

(2.) Facts of the case in brief is that, on 08-06-2013 deceased Sharad Kumar Balaia was driving scooter bearing registration No. M. P. 21-A/3039 which was dashed by Verna Car bearing registration No. C.G. 07 MA/9576 and got bodily injured. He was admitted in the hospital of Bhilai Steel Plant, Sector-09, and succumbed to injury. The matter was reported to Police Station Bhilai Nagar, against the driver of the vehicle i.e. respondent No. 4 wherein Crime No. 307/2013 for commission of offence under Section 304-A of the IPC was registered. A claim petition was filed by three claimants namely Rajni Balaia (wife of the deceased), Sudhanshu Balaia (son of the deceased) and Ku. Aaushi Balaia (daughter of the deceased), who happen to be the legal heirs of the deceased. The deceased was working as MT (Lab.) S-11, in Bhilai Steel Plant Hospital, at Sector-09, whose monthly salary Rs. 53,279/- per month and claimant were dependent upon him.

(3.) Pleading of the claimants/respondents have, however, been denied by the appellant/insurance company, respondent No. 4 (the driver of offending vehicle) and respondent No. 4, (owner of the car).