UPASHA BAI Vs. SONDAS S/O MANIRAM BANJARA

JUDGEMENT

(1.) This appeal is preferred by the claimants under Section 173 of the Motor Vehicles Act, 1988 against the award dated 19/10/2015 passed by Additional Motor Accident Claims Tribunal, Mungeli, District Mungeli (C.G.) in Claim Case No. 23/2013 awarding total compensation of 3,12,000/- with interest @ 6% per annum from the date of application till realization, fastening liability on the non-applicants jointly and severally.

(2.) As per claim petition, on 20/02/2013 at around 03:30 A.M. deceased Santosh Jaiswal, 52 years of age, earning Rs. 15000/- per month from business and agriculture work, was riding his motorcycle and going towards Lormi from village Akharar with a moderate speed. However on the way non-applicant No. 1./Sondas by driving Tractor bearing No. CG10 D 8347 and Trolley CG10 D 8357 (offending vehicle) in a rash and negligent manner dashed the deceased. As a result of this accident Santosh Jaiswal sustained grievous injury and died during the course of treatment in Hospital at Lormi. At the time of accident the offending vehicle was owned by non-applicant No. 2/Rajaram and insured with Non-applicant No. 3/Megma H.D.I. Insurance Co. Ltd.

(3.) On claim petition being filed by the claimants, wife and children under Section 166 of the Motor Vehicles Act, the Tribunal considering the evidence led by both the parties passed an award as mentioned above.