ORIENTAL INSURANCE CO. LTD Vs. TILAK

JUDGEMENT

(1.) This appeal is preferred by the Insurance Company/non- applicant No. 3 under Section 173 of the Motor Vehicles Act, 1988 against the award dated 15/12/2011 passed by Additional Motor Accident Claims Tribunal, Bemetara, District Durg (C.G.) in Claim Case No. 136/2011 awarding total compensation of Rs. 4,50,000/- with interest @ 6% per annum from the date of application till realization, fastening liability on the non-applicant No. 3/Insurance Company.

(2.) As per averments of claim petition, on 29/05/2011, deceased Topu Mehar, aged about 25 years was coming from village Dhamdha to village Gota in his Motorcycle with a moderate speed. However on the way near Basni Chowk Non-applicant No. 1 Rohit driver of the offending Bus bearing No. CG07 ZA 0276 driven the vehicle rashly and negligently dashed the motorcycle of deceased. As a result of this accident, Topu sustained grievous injuries and died on the spot. At the time of accident the offending vehicle is owned by non-applicant No. 2/Shiv Kumar Tamrkar and insured with non-applicant No. 3/Oriental Insurance Company Ltd.

(3.) On claim petition filed by claimants' wife and parents of deceased under section 166 of Motor Vehicles Act, 1988 the Tribunal considered the evidence led by the parties and passed an award as mentioned above in Para No. 1 of this judgment.