ORIENTAL INSURANCE CO LTD Vs. LEELAWATI

JUDGEMENT

(1.) By the instant appeal, the appellant/Insurance Company is challenging the legality and propriety of the impugned award dated 30/04/2013 passed by the Chief Motor Accident Claims Tribunal, Raipur (C.G.) (hereinafter refereed to as 'Claims Tribunal') in Claim Case No. 208/2011, whereby the learned Claims Tribunal partly allowed the claim application of the claimants and awarded Rs. 25,41,104/- in favour of the claimants/respondents No. 1 to 3.

(2.) Brief facts of the case, are that, on 17/08/2011, when Ajit Singh Thakur came out from his office and crossed the road on his TVS Moped bearing registration No. CG04/FC/9177, at that relevant time, one truck bearing registration No. CG04/JA/1167, driven by respondent No. 4, dashed TVS Moped of Ajit Singh Thakur, due to which, head of Ajit Singh Thakur came under the wheels of the truck and he succumbed to the injuries on spot.

(3.) The claimants/respondents No. 1 to 3, who are widow and children of the deceased filed a claim application before the competent Claims Tribunal claiming Rs. 55,50,000/- in total towards compensation. Respondents No. 4 and 5, who are driver and owner respectively, have submitted their reply to the claim application and denied the facts pleaded in the claim application by the claimants. They have pleaded in their reply that the accident took place due to negligence of deceased Ajit Singh Thakur and on the date of accident, the truck was insured with the appellant/Insurance Company, therefore, the liability for payment of compensation, if any, was on the appellant/Insurance Company.