KANTI DEVI SINGH Vs. KUNT RAJ KHALKHO

JUDGEMENT

(1.) As both these appeals arise out of the award dated 20.12.2013 passed by Motor Accidents Claims Tribunal, Surajpur in Claim Case No.99/2011, they are being disposed of by this common judgment.

(2.) As per averments made in the claim petition, on 31.3.2009 while Ramdhani Singh, aged 45 years, drawing salary of Rs.18,000/- per month from SECL, Bhatgaon, was going on his motorcycle, his vehicle was dashed by tractor bearing No. CG 15 A 5956 which was being driven in a rash and negligent manner by non-applicant No.1 Kunt Raj Khalkho. As a result thereof, Ramdhani Singh suffered grievous injuries and died on the spot itself. At the time of accident, the offending vehicle tractor was owned by non-applicant No.2 and insured with nonapplicant No.3.

(3.) On claim petition being filed by the claimants under Section 166 of the Motor Vehicles Act, the Tribunal considering the overall evidence on record by the impugned award granted a total compensation of Rs.14,49,072/- with interest @ 8% p.a. from the date of application till realization in favour of the claimants, fastening the liability on nonapplicant No. 3, jointly and severely with non-applicants No. 1 & 2/driver and owner of the offending vehicle.