SHANTI BAI Vs. SAROJ KUMAR @ SARAJ KUMAR SAHU

JUDGEMENT

(1.) This appeal is by the claimants under Section 173 of the Motor Vehicles Act, 1988 against the award dated 16th July, 2015 passed by First Additional Motor Accident Claims Tribunal, Sakti, Distt. Janjgir- Champa (CG) in Claim Case No.34/2014 awarding total compensation of Rs.2.89 lacs 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 30.8.2014 at around 9.30 pm non- applicant No.1 Saroj Kumar by driving Bolero bearing No. CG 12 D 1506 in a rash and negligent manner dashed Shankarlal, as a result of which Shankarlal suffered grievous injuries and died during treatment. At the time of accident, the deceased was 53 years of age and earning Rs.9000/- per month as a mason. The offending vehicle was owned by non-applicant No.2 and insured with non-applicant No.3.

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