RUKMANI SHUKLA Vs. CHAITMAL

JUDGEMENT

(1.) THE Appellant has preferred this miscellaneous appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') against the award dated 21.1.2002 passed in Claim Case No. 118/98 whereby learned 5th Additional Motor Accident Claims Tribunal, Raipur, has partially allowed the claim of the Appellant herein and awarded a total sum of Rs. 3,53,000/- with interest @ 9% per annum from the date of filing application till the date of payment, as compensation for the death of her husband Late Ram Awadh Shukla, who died on 27.6.1998 as a result of accident caused by vehicle Tempo-trax owned by Respondent No. 2, driven by Respondent No. 1 and insured by Respondent No. 3 at the relevant period.

(2.) THE parties hereinafter shall be referred to as per their descriptions before the claims tribunal.

(3.) NON-applicant No. 3 in its separate reply denied the entire averments of the claim petition and also averred that driver of tempo trax did not have valid license at the time of accident. The claim is excessive and exaggerated. The insurer of vehicle bearing number MP23/YA/8499 has not been impleaded as non-applicant, which is necessary in the interest of justice.