ORIENTAL INSURANCE COMPANY LIMITED Vs. SETMATI CHAUHAN

JUDGEMENT

(1.) As above two appeals arise out of award dated 26.4.2013 passed by the learned Additional Motor Accident Claims Tribunal, Sarangarh, District Raigarh (for short 'the Claims Tribunal') in Claim Case No.6/12, they are being disposed off by this common order.

(2.) Appellant Insurance Company has filed MAC No.728 of 2013 seeking setting aside of fastening of liability on insurance company to pay awarded amount of compensation. Whereas, appellants-claimants have filed MAC No.978/2013 seeking enhancement of amount of compensation awarded by Claims Tribunal.

(3.) Brief facts relevant for disposal of above appeals are that on 27.12.2011 Laxman Kushwaha, Pushnath Chouhan and Sanjay Agrawal were returning from Raipur in Commander Jeep bearing registration No.CG13-ZD-0198. Laxman Kushwaha was driving said Jeep. When they reached near village Chirkopadao, front tyre of said Jeep got punctured, therefore, driver Laxman Kushwaha parked the vehicle on the side of road for changing its wheel. While the driver was changing punctured wheel of vehicle, Sanjay Agrawal was standing beside said vehicle. At that time, one Tata Sumo bearing registration No.CG04-H-7073, driven by non-applicant No. 1, came from Pithora side and dashed Pushnath Chouhan and Laxman Kushwaha as a result they sustained grievous injuries on various parts of body. Matter was reported by Sanjay Agrawal to concerned police station. Injured were taken to Government Hospital, Mahasamund where Pushnath died during the course of treatment. Injured Laxman was referred to Medical College Hospital, Raipur where he also succumbed to his accidental injuries. Claimants, who are legal heirs of deceased Pushnath Chouhan, have filed claim application before competent Claims Tribunal seeking compensation of Rs.20,25,000/- on account of death of deceased Pushnath Chouhan.