RAMKUMARI Vs. CLAIMENT EDWARD

JUDGEMENT

(1.) This appeal is preferred by the claimant under Section 173 of the Motor Vehicles Act, 1988 against the award dated 27/03/2015 passed by Motor Accident Claims Tribunal, Sarguja, (Ambikapur) (C.G.) in Claim Case No. 130/2013 awarding total compensation of 6,47,000/- with interest @ 6% per annum from the date of application till realization, fastening liability on the non-applicants jointly and severally.

(2.) As per claim petition, on 10/10/2012 at around 01:15 P.M. deceased Sanjay Jagte, 25 years of age, earning Rs. 15000/- per month as contractor and Councillor in Nagar Panchayat, was going to village Putpura Lakhanpur with his wife by Indigo Car and the car was driven by the respondent No. 1/Rajeshwar Yadav and when they reach near village Janardanpur the vehicle was dashed in tree due to rash and negligence driving of the driver Sanjay Jagte sustained grievous injury and died during the course of treatment in Hospital at Ambikapur. At the time of accident the offending vehicle was owned by non-applicant No. 1/Claimant Edward and insured with Non-applicant No. 2/The Oriental Insurance Co. Ltd. Driver of the offending vehicle was also died in same accident.

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