KUMARI BAI Vs. KAMAL PRASAD

JUDGEMENT

(1.) This appeal is by the claimant, mother of the deceased, against the award 29.11.2008 passed by II Additional Motor Accident Claims Tribunal (FTC), Mungeli, Distt. Bilaspur (CG) in Claim Case No.49/2007 awarding total compensation of Rs.2,52,500/- with interest @ 9% per annum from the date of application till realization, fastening liability on the non-applicants No. 1 to 3 jointly and severely.

(2.) As per claim petition, on 24.10.2004 due to rash and negligent driving of Tractor bearing No. CG 10A 5456 and Trolley No. CG 10A 5457 by non-applicant No.1 Kamal Prasad, which was owned by nonapplicants No.2 Janakram, non-applicant No.3 Shivdas and one Sonu (who died during pendency of claim petition) jointly, and insured with non-applicant No.6 Oriental Insurance Co. Ltd., Manoj Kumar who was travelling in the said vehicle fell down from the vehicle, came under the wheel of trolley and died on the spot.

(3.) Against the death of Manoj Kumar, his mother Kumari Bai filed a claim petition under Section 166 of the Motor Vehicles Act (in short "the Act") which was registered as Claim Case No.49/2007 and father of the deceased Gangaprasad along with one Smt. Kumari Bai also filed a petition under Section 166 of the Act, which was registered as Claim Case No.51/2007. Both these petitions were decided by the Tribunal by a common award dated 29.11.2008. While making apportionment of the compensation, the Tribunal ordered that out of the awarded amount, 80% would be payable to father of the deceased Gangaprasad and 20% would be payable to mother of the deceased Kumari Bai @ Laxmi Bai.