KRISHNA KUMAR SAHU Vs. NIRMALA BAI

JUDGEMENT

(1.) By this instant appeal, the appellants, who are driver and owner of Minibus bearing registration No. CG04/E/0856 (hereinafter refereed to as 'offending vehicle') have challenged the legality, validity and propriety of the impugned award dated 20/11/2012 passed by the learned 7th Additional Motor Accident Claims Tribunal, Raipur, Chhattisgarh (hereinafter referred to as 'the Claims Tribunal') in Claim Case No.116/2011, wherein the learned Claims Tribunal has partly allowed the claim application and awarded a total sum of Rs.4,31,711/- as compensation in a death case while exonerating Insurance Company from its liability directed the Insurance Company first to pay the amount of award and then to recover the amount of compensation from the driver and owner of the offending vehicle.

(2.) Background s facts in a nutshell are that on 10/01/2011, one Vishwanath Sahu was travelling on the offending vehicle and going to village Asouda from Raipur. When the offending vehicle stopped near Asouda turn at Kharora Road, Vishwanath Sahu was stepping down from the offending vehicle, the driver of the offending vehicle rashly and negligently moved the offending vehicle with a high accelerator, due to which, Vishwanath became unbalanced and came under the wheel of the offending vehicle. He sustained severe injury over his person and was immediately taken to the Khanak Hospital at Kharora. Thereafter, he was referred to Balaji Hospital, Raipur where he took treatment as in-door patient from 11/01/2011 to 19/01/2011 and during the course of treatment, he succumbed to the injuries on 20/01/2011. The accident was reported to the concerned police station and crime bearing No.12/2011 was registered against the driver of the offending vehicle under Section 304-A of the Indian Penal Code.

(3.) Respondents No. 1 to 3/claimants, who are legal representatives of deceased filed an application under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as ' M.V. Act ') claiming Rs.9,20,000/- as compensation on account of death of Vishwanath Sahu before the competent Claims Tribunal.