DEVSINGH RATHIYA Vs. MAHESH RAM AND ORS.

JUDGEMENT

(1.) This appeal is by the owner of the offending vehicle/non-applicant no.2 under Section 173 of the Motor Vehicles Act, 1988 against the award dated 06.11.2013 passed by 1st Additional Motor Accident Claims Tribunal, Raigarh, C.G. in Claim Case No.131/2011 awarding total compensation of Rs.3,43,000/- with interest @ 6% per annum from the date of award till realization, fastening liability on non-applicant No.1 &

(2.) while exonerating Insurance Company/non-applicant no.3 on the ground of breach of policy conditions. 2. As per claim petition, on 15.11.2010 due to rash and negligent driving of Tractor bearing No. CG13-D-1135 attached with trolley bearing No. CG13 D 1136 by non-applicant No.1 Bhuvan Lal, the said vehicle turned turtle and as a result of which Bhagvati Bai, who was sitting in the trolley sustained grievous injuries on her body and died on the spot. At the time of accident, the deceased was 45 years of age, earning Rs.4,500/- per month from labour work. At the relevant time, the offending vehicle was owned by non-applicant No.2 and insured with non-applicant No.3.

(3.) On claim petition being filed by the claimant i.e. husband of the deceased, under Section 166 of the Motor Vehicles Act for compensation to the tune of Rs.14,75,000/-, the Tribunal considering the evidence led by the parties passed an award as mentioned in para 1 of this judgment.