ORIENTAL INSURANCE COMPANY LIMITED, THROUGH ITS DIVISIONAL MANAGER Vs. RAJESH SAHU, S/O LATE GENDLAL SAHU

JUDGEMENT

(1.) Being aggrieved with the award dated 25.07.2013 passed in MACC No. 01 of 2012 by the Additional Motor Accident Claims Tribunal, Khairagarh, District Rajnandgaon (C.G.), the Appellant/Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 challenging the liability fastened upon it.

(2.) Facts of the case, in brief, are that on 15.12.2011 when deceased- Gendlal Sahu was going on Motorcycle bearing registration No. CG-08/J/8898 from his Village Khamhardih to Pandadah in connection with banking work, non-applicant No.1- Rajendra Prasad Dubey, rider-cum-owner of the offending vehicle Hero Honda CD Delux bearing registration No. CG-08/NA/2885, insured with non- applicant No.2, driving the said vehicle in a rash and negligent manner, dashed Gendlal Sahu. As a result thereof, Gendlal Sahu sustained grievous injuries and when he was being taken to Khairagarh for treatment, Gendlal Sahu died on the way.

(3.) The learned Tribunal, in the impugned award, has awarded a compensation of Rs.3,21,500/- in favour of the Claimants/Respondent No. 1 & 2 herein with interest @ 6% per annum from the date of filing of the application till realization and has fastened the liability upon the Appellant/non-applicant No.2 to pay compensation to the Claimants.