SATYA NARAYAN JAYASWAL Vs. JAGARNATH MANIKPURI

JUDGEMENT

(1.) This miscellaneous appeal has been preferred by the appellant/owner under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') against the award dated 06.08.2012 passed by 3rd Additional Motor Accident Claims Tribunal, Ambikapur (hereinafter referred to as 'Claims Tribunal') in Claim Case No. 100/2012 by which, the claim petition, filed by the applicants/claimants, was allowed while awarding them amount of compensation to the tune of Rs. 6,61,000/- with 6% interest per annum from the date of claim petition till its realization.

(2.) The case in brief is that on the fateful day i.e. 18.12007, the deceased Bholadas who was on the way to Rajpur for meeting their relatives and when he reached near Gopalpur pond at Rajpur, at that point of time, a pick-up vehicle bearing registration no. UP 66 B 8793, being driven by one Heeralal very rashly and negligent and dashed the motorcycle of Bholadas. In the alleged incident, Bholadas received grievous injuries on his different parts of bodies. Thereafter, Bholadas was admitted to hospital for treatment at Government Hospital, Rajpur and thereafter he was shifted to Ambikapur. The claimants being the parents of the deceased filed an application for compensation under Section 166 of Motor Vehicles Act, 1988.

(3.) Accordingly, the learned Claims Tribunal after hearing the parties, perusal of records, finally came to conclusion that the Appellant is liable to be pay the compensation of Rs. 6,61,000/- and exonerating the insurance company from the liability.