MUNGESHWAR PRASAD RAJWADE Vs. KATHARINA MINJ

JUDGEMENT

(1.) The above three miscellaneous appeals (compensation) are being heard and decided together as the challenge in these appeals is to the award dated 25.4.2013 passed by the 1st Additional Motor Accidents Claims Tribunal, Ambikapur, Surguja (for short 'the Claims Tribunal') in Claim Case Nos. 211 and 212 of 2011, whereby the learned Claims Tribunal has partly allowed the claim applications of the respective claimants and while exonerating the insurance company on the ground of breach of conditions of insurance policy, fastened the liability on the driver and owner of the offending vehicle to pay compensation to the claimants.

(2.) Mac Nos. 670 and 671 of 2013 are filed by the owner and driver of the offending vehicle challenging the liability to pay amount of compensation awarded in Claim Case Nos. 211 and 212 of 2011, whereas the claimants have preferred MAC No. 710 of 2013 seeking enhancement of compensation awarded in Claim Case No. 212 of 2011.

(3.) Facts of the case, in brief, are that on 6.2.2011 deceased Kamil Minj and Blasius Kujur were going on the motor cycle bearing registration No. CG 15-D 8203. Deceased Kamil Minj was driving the said motor cycle and Blasius Kujur was travelling as pillion rider. When they reached on Banaras Main Road, one Bolero jeep bearing registration No. CG 15-D 0182, which was coming from opposite direction and being driven by its driver in a rash and negligent manner, dashed against their motor cycle as a result of which they sustained grievous injuries on various parts of the body. Both were admitted in the District Hospital, Ambikapur where Blasius Kujur succumbed to the injuries on the same day, whereas Kamil Minj died during the course of treatment. Report of the accident was made to the police based on which offence under Crime No. 48/2011 was registered against the driver of offending vehicle and after completion of investigation, charge-sheet under sections 279, 337 and 304-A of Indian Penal Code has been filed against him in the competent court. The dependants of deceased Kamil Minj, i.e., appellants in MAC No. 710 of 2013 who are unfortunate wife and children, have filed claim application under section 166 of the Act, 1988 seeking compensation to the tune of Rs. 11,47,829 under various heads on the ground that all of them were dependent on the earnings of the deceased and due to his untimely death, they have been deprived of the dependency. They have further pleaded that on the date of accident, the deceased was 54 years old, he was working as a peon in Holy Cross Women's College, Ambikapur and getting monthly salary of Rs. 7,680. Therefore, they are entitled to get compensation, as claimed by them, from the non-applicants, jointly and severally.