KOMAL PRASAD SHUKLA Vs. RAJ NATH YADAV

JUDGEMENT

(1.) Appellants-claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (henceforth 'the Act of 1988') challenging award dated 22.8.2013 passed by learned 1 st Additional Motor Accident Claims Tribunal, Durg (for short 'the Claims Tribunal') in Claim Case No.104/12 whereby the Claims Tribunal allowed claim application in part and awarded total compensation of Rs.1,67,000/- along with interest at the rate of 6% p.a. after deducting 50% of the amount of compensation towards contributory negligence.

(2.) Brief facts relevant for disposal of this appeal are that on 20.8.2012 Ashok Kumar Sahu, Ajay Mishra and Sumit Shukla were going towards Anjora on motorcycle bearing registration No.CG04-DC-8276. Sumit Shukla was driving motorcycle and Ashok Sahu & Ajay Mishra were travelling as pillion riders. When they reached near Khaprinala at Bypass Road, one Matador bearing registration No.CG07/C/3984 (for short 'offending vehicle'), driven by non-applicant No.1/respondent No.1, dashed motorcycle as a result of which all of them sustained grievous injuries. Sumit Shukla succumbed to injuries suffered by him. Claimants, who are parents and sister of deceased Sumit Shukla, filed claim application before competent Claims Tribunal claiming compensation of Rs.21,11,000/- on account of death of deceased Sumit Shukla. It was pleaded by claimants in claim application that on the date of accident deceased was working as Supervisor and earning Rs.8,000/- per month.

(3.) Non-applicant No.1 and 2-driver and owner of offending vehicle filed their reply to claim application and denied all adverse pleadings made therein. They have pleaded that on the date of accident driver of offending vehicle was possessing valid and effective driving license. Offending vehicle was insured with non-applicant No.3, therefore, the insurance company is liable to indemnify the owner in case any compensation is awarded by the Claims Tribunal.