NATIONAL INSURANCE COMPANY LTD Vs. SUKRITI SAHU

JUDGEMENT

(1.) This appeal is filed by the insurance company under Section 173 of the Motor Vehicles Act, 1988 (in short "the Act") challenging the award dated 19th December, 2013 passed by 1st Motor Accident Claims Tribunal, Bilaspur in Claim Case No.265/2010, awarding compensation of Rs.6.60 lacs in favour of claimant/wife of the deceased with interest @ 6% per annum from the date of application till realization, fastening liability on the insurance company jointly and severely along with driver and owner of the offending vehicle.

(2.) As per averments in the claim petition, on 15.7.2012 while Sevakram, 21 years of age, earning Rs.5000/-, was going on motorcycle along with his friend Poonak Nirmalkar from Village - Kargikala to Parsada, his vehicle was dashed near Kali Mandir, Tifra by truck-tanker bearing No. CG 10 C 2238 which was being driven in a rash and negligent manner by non-applicant No.1 Sheikh Hafizuddin. As a result thereof, Sevakram suffered grievous injuries and died on the spot. Offence under Sections 304A and 338 of IPC was registered against non-applicant No.1 by the police.

(3.) On claim petition being filed by the claimants, wife, brother and sister of the deceased, under Section 166 of the Act claiming compensation of Rs.10,91,932/- under various heads, the Tribunal considering the evidence led by both the parties, by the impugned award granted compensation as mentioned above.