LAWS(CHH)-2018-10-188

ORIENTAL INSURANCE CO LTD Vs. RAJESH AGRAWALLABIC

Decided On October 22, 2018
ORIENTAL INSURANCE CO LTD Appellant
V/S
Rajesh Agrawallabic Respondents

JUDGEMENT

(1.) This is appellant/insurer's appeal against the award dated 15.11.2017, passed by the Second Additional Motor Accident Claims Tribunal, Korba (for short 'the Tribunal') in claim case No. 20/2016.

(2.) Brief facts of the case are that on the fateful day i.e. 01.08.2015, Pradeep Agrawal was going on his motorcycle bearing No. K.A-04/ HV5050 to attained the function of "Rajyotsav". The said motorcycle was driven by non-applicant No. 1/respondent No. 3 and Pradeep Agrawal (since deceased) was the pillion driver and when they reached near Rajyotsav place, one unknown tractor trolly was crossing the road, due to which, driver of the motorcycle lost his balance and dashed against one pole erected nearby the road, as a result of which Pradeep Agrawal sustained multiple injuries and he was admitted for treatment at M.M.I. Hospital, Raipur, during treatment he died on 09.08.2015.

(3.) As against the compensation of Rs. 75,39,425/- claimed by unfortunate parents/ respondents No. 1 and 2 of the deceased by filing application under Section 166 of the Motor Vehicles Act, 1988 (for short 'MV Act') for his death in the motor accident on 09.08.2015, the Tribunal awarded a total sum of Rs. 19,04,243/- as compensation along with interest @ 7 percent per annum from the date of application till its actual payment.