PARMESHWARI Vs. KAUSHAL KUMAR VERMA

JUDGEMENT

(1.) This appeal is preferred by the claimants under Sec. 173 of the Motor Vehicles Act, 1988 against the award dated 04/12/2012 passed by First Additional Motor Accident claims Tribunal, Raipur (C.G.) in Claim Case No. 118/2010 awarding total compensation of Rs. 4,86,500 with interest @ 6% per annum from the date of application till realization, in favour of claimants fastening liability on the non-applicant No. 1/driver of vehicle and non-applicant No. 2/owner of vehicle jointly and severally and exonerated Insurance Company on the ground that at the time of accident driver of offending vehicle Kaushal Kumar not having valid and effective transport license of vehicle.

(2.) As per averments of claim petition, on 17/01/2009 at about 01:00 AM deceased Purshottam Verma, aged about 26 years, earning Rs. 6,000.00 per month as labour, was walking on road near High School at village Kanki, Police Station Kharora, district Raipur (C.G.). On the way non-applicant No.1/Kaushal Kumar driver of offending vehicle Pick-Up bearing registration No. CG04 E 1918 driven the vehicle in a rash and negligent manner dashed Purshottam Verma. As a result of this accident deceased Purshottam Verma sustained grievous injury and died during treatment in Vardan Hospital at Raipur on 23/01/2009. Offending vehicle was owned by Non-applicant No.2/Narendra Kumar Verma and insured with non-applicant No. 3/Reliance General Insurance Co. Ltd.

(3.) On claim petition being filed by the claimants' wife and parents of deceased under Sec. 166 of the Motor Vehicles Act, the Tribunal considering the evidence led by both the parties passed an award as mentioned above in Para-1 of this judgment.