SACHIN SHARMA S/O LATE SAGARMAL SHARMA Vs. REGIONAL MANAGER, UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) As both these appeals filed under Section 173 of the Motor Vehicles Act, 1988 arise out of award dated 22.11.2012 passed by Additional Motor Accident Claims Tribunal, Jashpur (CG) in Claim Case No.20/2012, they are being disposed of by this common judgment.

(2.) As per claim petition, on 14.11.2010 Sagarmal Sharma, Urmila Devi, Ku. Pooja Sharma along with their servant namely Sadhu were going by Car I-10 bearing No. CG 14B 3375 to Rajasthan, which was being driven by non-applicant No.3 James Wat Xalxo. This vehicle was followed by another vehicle Max Pickup bearing No.OR 16C/0894 loaded with goods and in which the claimants were sitting. However, on the way, non-applicant No.2 Vishnu Kumar Dwivedi by driving Roadways Bus bearing No. UP 32 BN 7297 in a rash and negligent manner dashed the said car as a result of which Sagarmal Sharma, Urmila Devi and Ku. Pooja Sharma suffered grievous injuries and succumbed to the same. At the time of accident, the offending bus was not insured whereas the car was insured with non-applicant No.4 Bajaj Allianz General Insurance Co. Ltd.

(3.) On claim petition being filed by the claimants under Section 166 of the Motor Vehicles Act for compensation against the death of Sagarmal Sharma, Urmila Devi and Ku. Pooja Sharma, the Tribunal considering the evidence led by the parties by the impugned award granted compensation of Rs.3.22 lacs, Rs.3.22 lacs and Rs.3.34 lacs respectively in favour of the claimants i.e. total Rs.9.68 lacs with interest @ 6% per annum from the date of application till realization, fastening liability on non-applicants No. 1 & 2 jointly and severally.