KUSUM BAI Vs. MOH ASLAM S/O MOH

JUDGEMENT

(1.) The appellants, parents of the deceased Ku. Yamini Sahu, aged 8 years, filed an application for compensation under Section 166 of the Motor Vehicles Act, claiming compensation of Rs.22,50,000 as she died on account of injuries suffered by her in a motor vehicular accident occurred on 08.11.2015 due to rash and negligent driving of vehicle Truck bearing registration No. CG04/JC/5668 by non-applicant No.1. Non-applicant No.2 is the owner of the offending vehicle and it was insured with non-applicant No.3 at the time of accident.

(2.) After considering evidence led by both the parties, the learned 4th Additional Motor Accident Claims Tribunal, Raipur, District Raipur, C.G. by the impugned award dated 28.03.2018 in claim case No.816/2015 awarded total compensation of Rs.3,45,000/- in favour of the claimants with interest @ 7.5 % pa from the date of application till realization fastening liability on non-applicants No. 1 and 2 /Driver and Owner, while exonerating the Insurance Company. However, the Tribunal considering the provisions of the Motor Vehicles Act, the various judgments of the Hon'ble Supreme Court and the facts and circumstances of the case, ordered for pay and recover in this case, thereby directed the Insurance Company to first pay the awarded amount to the claimants and then recover the same from the non- applicants No. 1& 2/ Driver and Owner.

(3.) Being aggrieved by the aforesaid award, the appellants have filed the instant appeal for enhancement. However, no counter appeal has been filed by the respondents.