RADHESHYAM AGRAWAL Vs. MAHANGU

JUDGEMENT

(1.) Aggrieved by the award dated 2.8.2013 passed by Motor Accident Claims Tribunal, Bastar at Jagdalpur in Claim Case No.204/2011 whereby the Tribunal has awarded compensation of Rs.2,95,500/- in favour of the claimants with interest @ 8% per annum from the date of application till realization, fastening liability on the appellant/owner while exonerating the insurance company, the appellant/owner has filed the instant appeal under Section 173 of the Motor Vehicles Act.

(2.) As per averments in the claim petition, on 28.1.2010 at 4 pm Smt. Batibai along with others was working as a labour for the construction of Stop Dam at Narangi river at Village-Ghotiya. At that time, non-applicant No.1 Sonu Vishvakarma by driving the vehicle Truck (Tipper) bearing No. CG 04 JB 2329 in a rash and negligent manner while reversing the same dashed Smt. Batibai as a result of which she suffered grievous injuries and died during treatment in Maharani Hospital, Jagdalpur at 11 pm.

(3.) On claim petition being filed by the claimants under Section 166 of the Act, the Tribunal considering the evidence led by both the parties passed the impugned award as mentioned above.