SARITA DEVANGAN Vs. ANAND KUMAR SINGH

JUDGEMENT

(1.) APPELLANTS/claimants have filed this appeal for enhancement of amount of compensation awarded by the Third Additional Motor Accident Claims Tribunal (F.T.C.), Korba, District Korba (C.G.) in Claim Case No. 21/2002 on 18th of January, 2003.

(2.) THE facts, briefly stated, are as under: Appellants/claimants are the widow, minor daughter, parents, brothers and sisters of deceased Govind Prasad Devangan, who died in the motor accident on 14.8.2001, when his scooter, bearing registration No. MP 26 KA/3683 was dashed by the offending truck bearing registration No. MP 57 H 0084. The Appellants filed a Claim Petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs. 1,01,61,200/- inter alia pleading that the accident occurred on account of rash and negligent driving of the offending truck by its driver. The Appellants pleaded that the deceased was running a General-Store in the name and style of Gopal General Store and he was earning Rs. 5,000/- per month.

(3.) THE insurer of the truck i.e. Respondent No. 3, The New India Assurance Company Ltd., also denied the claim of the Appellants and pleading that the truck was being plied in breach of policy conditions, therefore, the Insurance Company was not liable to pay compensation. Respondent No. 4, insurer of the scooter, Oriental Insurance Company Ltd., formally denied the claim of the Appellants and pleaded that the accident occurred on account of rash and negligent driving of the offending truck by its driver, therefore, no liability can be fixed on them. Alternatively, they also pleaded that the deceased himself was responsible for the accident, therefore, on this account also they are not liable to pay compensation.