SITA CHANDEL Vs. AISTHIR RAM SAHU

JUDGEMENT

(1.) This appeal is by the claimants against the award dtd. 10/2/2012, passed by 3rd Additional Motor Accident Claims Tribunal, Durg, C.G. in Claim Case No.306/2011, by which after deducting 25% of contributory negligence on the part the deceased awarded total compensation of 4,38,750/- (75% of the awarded amount of Rs.5,85,000.00) with interest @ 7.5% per annum from the date of application till realization, fastening liability on the non-applicant No. 3- Insurance Company.

(2.) As per claim petition, on 9/1/2011, Pramod Kumar Chandel, aged about 22 years, who was studying in B.E. (final year) at Chhattisgarh Institute of Management and Technology, Bhilai, C.G. alongwith his nephew namely Mukesh Kumar Bharadwaj was riding in his motor-cycle (pulser) bearing registration No. C.G.07-LU/0603, slowly and carefully from Bhilai to his home Village Babai and when they reached village- Arasnara Khar, non-applicant No. 1- Asthir Ram Sahu while driving the offending vehicle (Truck) bearing registration No. CG07-ZC/1802 rashly and negligently, dashed the motorcycle of the deceased from the front side, as a result thereof, he(deceased) sustained grievous injuries and succumbed to these injuries. The report was lodged in the Police Station Nandini Nagar where crime No. 18/2011 under Sec. 304A of IPC was registered against the driver of the said truck. The offending vehicle is owned by Non-applicant No. 2 and insured with Non-applicant No. 3.

(3.) On claim petition being filed by the claimants/parents and siblings of the deceased- Pramod Kumar Chandel under Sec. 166 of the Motor Vehicles Act, the Tribunal considering the evidence led by both the parties passed an award as mentioned above.