ORIENTAL INSURANCE COMPANY LIMITED Vs. THLENDRA KUMBHAJ

JUDGEMENT

(1.) This appeal is by the insurer under Section 173 of the Motor Vehicles Act, 1988 against the award 31.1.2018 passed by Motor Accident Claims Tribunal, Balod (CG) in Claim Case No. 33/2016 awarding total compensation of Rs.16,19,916/- with interest @ 10% per annum from the date of application till realization, fastening liability on the non-applicant No.3/insurance company jointly and severally along with non-applicants No. 1 & 2/driver & owner.

(2.) As per claim petition, on 8.7.2015 while claimant Thalendra, aged 35 years, earning Rs.15,000/- per month as a cloth merchant, by riding motorcycle Hero Honda bearing No. CG 24/7685, in which one Vinay was sitting as a pillion rider, was going from Gurur towards Village-Sorar, at that time near Village-Dhobanpuri, Paddy Collection Center, Dhamtari-Balod Road, non-applicant No.1 Tamesh Sahu by driving Swift Car bearing No. 19 B.C. 5900 in a rash and negligent manner came from opposite direction and dashed the said motorcycle. On account of this accident, claimant Thalendra suffered grievous injuries resulting in permanent disability.

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