LAWS(CHH)-2019-12-174

GIRNI BAI DHRUV Vs. RAMESH KUMAR SAHU

Decided On December 19, 2019
Girni Bai Dhruv Appellant
V/S
Ramesh Kumar Sahu Respondents

JUDGEMENT

(1.) As both these appeals arise of the award dated 06.11.2012 passed by Third Additional Motor Accident Claims Tribunal, Raipur in Claim Case No.162/2011, they are being disposed of by this common judgment.

(2.) The claimants/appellants have preferred appeals for enhancement of compensation awarded by the Tribunal while the appellant/Insurance Company has filed appeal against liability for payment of compensation awarded.

(3.) As per claim petition, on 20.04.2010 deceased Padman Dhruv aged about 49 years, earning Rs.5000/- per month as Cleaner, was coming in the offending vehicle bearing Registration No. CG-04-G-6146 as a cleaner of the truck, when the vehicle reached near Mana Camp at about 9:30 AM, the respondent No.1 Ramesh Kumar Sahu drove the vehicle rashly and negligently and dashed against the bullock cart and turn turtle. As a result thereof deceased Padman suffered grievous injuries and died. At the time of accident, the offending truck was owned by nonapplicant No.2 Ramlochan and insured with non-applicant No.3 Insurance Company.