TRIVENIBAI Vs. CHETAN MOHANTI

JUDGEMENT

(1.) As both these appeals i.e. MAC No. 531/2015 & MAC No. 529/2015 arise out of the two different awards dated 12.01.2015 passed by the Additional Motor Accident Claims Tribunal, Dhamtari, C.G. in claim cases No. 127/14 and 02/14, respectively, looking to the fact that both these claim cases pertains to the same accident involving the vehicle bearing No. OR05AF/3231 owned by non-applicant No. 2/Jeetram, they are heard together and are being disposed of by this common judgment.

(2.) As per avements in the claim petition on 20.08.2013, at about 4.00pm while Tejram Nishad aged bout 28 years with his friend Devnarayan Dhruv were returning from the house of the sister of Devnarayan on motorcycle, non-applicant no.1 Chetan Mohanti by driving Truck bearing no. OR05AF/3231, owned by non-applicant no.2 and insured with non-applicant no.3, in a rash and negligent manner dashed the said motorcycle, as a result of which Tejram Nishad and Devnarayan suffered grievous injuries and succumbed to the same.

(3.) On claim petition under Section 166 of the Motor Vehicle Act (which was registered as claim case no127/2014) being filed by the wife, children & parents of deceased Tejram Nishad, 28 years of age and earning Rs.150 to 200/- per day as a Labour, the Tribunal considering the evidence led by the parties awarded total compensation of Rs.5,05,800/- with the interest @ 6 percent per annum from the date of award till realization. Likewise, on claim petition (which was registered as claim case no.02/2014) being filed by the wife, children & parents of deceased Devnarayan Dhruv, aged 30 years and earning Rs.150 to 200/- per day as a Labour, the Tribunal awarded a total sum of Rs.4,72,000/- with interest @ 6 percent per annum from the date of award till realization, the Tribunal fastened the liability on non-applicant no.3 jointly and severally along with non-applicant nos. 1 & 2 Driver and Owner of satisfying the said awards.