NARESH RAM VERMA Vs. JEEVAN NISHAD

JUDGEMENT

(1.) This appeal is by the injured/claimant under Section 173 of the Motor Vehicles Act, 1988 (in short "the Act") against the award 22.7.2014 passed by Additional Motor Accident Claims Tribunal, Khairagarh, Distt. Rajnandgaon (CG) in Claim Case No.71/2011 awarding total compensation of Rs.5,02,576/- with interest @ 6% per annum from the date of application till realization, fastening liability on the non-applicant No.3/insurance company jointly and severally along with non-applicants No. 1 & 2/driver & owner. It was further directed that if the said amount is not deposited with the Tribunal within a period of two months from the date of award, it shall carry interest @ 9% per annum from the date of application till its payment.

(2.) As per claim petition, on 23.12.2010 claimant injured Naresh Ram Verma was riding motorcycle bearing No. CG 07 LA 3460 in which Khilawan and Moolchand were sitting as pillion riders. While he was going from Khairagarh to Dholiyakanhar, on the way near Gadadih turning, non-applicant No.1 Jeevan Nishad by driving tractor bearing No. CG 07 D 9050, owned by non-applicant No.2 and insured with non-applicant No.3, in a rash and negligent manner, dashed his motorcycle as a result of which Naresh Ram suffered grievous injuries and was admitted in hospital.

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