ASHA SONI Vs. RAMKEWAL SAHU @ CHHOTU

JUDGEMENT

(1.) Appellants have challenged the impugned award dated 26.09.2013 passed by Additional Motor Accident Claims Tribunal, Korba (for short, 'Claims Tribunal') in Claim Case No.122 of 2013 whereby learned Claims Tribunal partly allowed the application and awarded a total sum of Rs.14,08,000/- in a death case.

(2.) Brief facts for disposal of this appeal are that on 25.04.2012 when SN Soni, an employee working at Balco (Bharat Aluminium Company Limited) was coming home on his motorcycle and went towards Engineering Building for marking his attendance after completion of his office hours. At that relevant time, one truck bearing No.CG-12 S-0958 (for short, 'offending vehicle') driven by respondent- 1 rashly and negligently, dashed the motorcycle due to which SN Soni sustained severe injuries on his person. Immediately after the accident he was taken to Balco hospital from where he was referred to the Appollo Hospital, Bilaspur. During the course of treatment, he succumbed to the injuries sustained by him in the accident. On account of his death his legal heirs have filed claim application before competent Claims Tribunal claiming Rs.91,70,000/- in total on all heads towards compensation on the grounds that on the date of accident deceased was employed with Balco on the post of Assistant Manager and drawing monthly salary of Rs.46,500/-, and they suffered loss of dependency as they were totally dependent on the deceased- SN Soni.

(3.) Respondents- 1 and 2, who are driver and owner of the offending vehicle respectively submitted reply to the claim application. They denied pleading of rash and negligent driving of respondent- 1, driver and further stated in their evidence that accident took place due to negligent driving of the deceased himself. It was further pleaded that as on the date of accident offending vehicle was insured with respondent- 3, New India Insurance Company Limited and therefore, liability if any, for payment of compensation would be on the Insurance Company.