BRANCH MANAGER Vs. PANNA RAM SAHU

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred under Section 173 of the Motor Vehicles Act by Appellant/Non-Applicant No.3/Reliance General Insurance Company Limited questioning the award dated 26.02.2014 passed by the 1st Additional Motor Accidents Claims Tribunal, Raipur (CG) (for short 'the Claims Tribunal') in Claim Case No.47/2012 by which, the Claims Tribunal, while allowing the claim in part, has fastened the liability upon the Insurance Company. The parties to this Appeal shall be referred hereinafter as per their description in the Claims Tribunal.

(2.) Briefly stated, the facts of the case are that on 09.02.2010 at 9.00 p.m, Applicant-Panna Ram Sahu was coming by his motorcycle bearing its registration No.CG 04 CH 7894 from Tikrapara to Pachpedi Naka, Laxminagar Raipur and as soon as he reached near Pujari Park, it was dashed vehemently by the offending vehicle i.e. motorcycle which was being driven in a rash and negligent manner by Non-Applicant No.1/owner-cum-driver namely Lalchand Jain. The registration number of the said vehicle was CG 04 HA 8275.

(3.) According to the claim Petition, Applicant-Panna Ram, who was a Carpenter by profession, used to earn Rs.6,000/- per month and has sustained serious injury on account of the alleged accident and therefore, claimed total amount of compensation to the tune of Rs.4,30,000/- (Four Lakh Thirty Thousand only).