FIROJ KHAN Vs. SHYAMAPATI

JUDGEMENT

(1.) This appeal is filed by the Non-applicant Nos. 2 & 3/driver & owner of the offending vehicle under Section 173 of the Motor Vehicles Act, 1988 (in short "the Act") challenging the award dated 25.03.2014 passed by the learned Additional Tribunal, Ramanujganj of the learned Additional Motor Accident Claims Tribunal, Ramanujganj, C.G. in Claim Case No. 48/2013, awarding total compensation of Rs.4,00,400/- in favour of claimants with interest @ 9% per annum from the date of application till realization, fastening liability on the non-applicant Nos. 2 & 3/driver & owner jointly and severally while exonerating non-applicant No.1/insurance company from its liability to pay compensation to the claimants.

(2.) As per averments in the claim petition, on 11.05.2011 at around 8.30 am Updesh Singh (since deceased) was coming back after attending the marriage of one person Vijay Uraon from village-Turridheeh, in the offending vehicle (pickup) bearing registration No. U.P. 66-E/8730, near village BardarSanapara, non-applicant No. 2- Muneshwar, by driving the offending vehicle rashly and negligently, the said vehicle turned turtle, as a result of which, Updesh Singh sustained grievous injuries and during treatment died. The vehicle is owned by Non-applicant No. 3- Firoj Khan & insured with nonapplicant No. 1- Bharti Axa General Insurance Company Ltd.

(3.) On claim petition being filed by the claimants, who are unfortunate wife & child of deceased Updesh Singh, under Section 166 of the Act claiming compensation, the Tribunal considering the evidence led by the parties, by the impugned award granted compensation as mentioned above.