SURAJ LAL DEHARIYA Vs. NAMDEV JOSHI

JUDGEMENT

(1.) As both these appeal arise out of the award dated 09.07.2013 passed by the 5th Additional Motor Accident Claims Tribunal, Durg, C.G. in Claim Case No.33/2012, they are being disposed of by this common judgment.

(2.) As per averments in the claim petition, on 23.01.2012 the deceased Soumya Dehariya, aged about 22 years, earning Rs.16,000/- per month by running tuition classes, died in the motor vehicular accident caused due to rash and negligent driving of truck bearing no.CG07-C6039 by non-applicant No.1. At the time of accident, the offending vehicle was owned by non-applicant no.2 and insured with nonapplicant no.3.

(3.) On claim petition being filed by the claimants i.e. parents, brother and sister of deceased under Section 166 of the Motor Vehicles Act claiming compensation of Rs.2,39,78,000/- under various heads, the Tribunal considering the evidence led by both the parties, awarded a compensation of Rs.3,39,000/- with interest @ 7% per annum from the date of application till realization, fastening the liability on the