AYUSHI GUPTA Vs. SANTOSH KUMAR GANDA

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred by the Claimants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act of 1988') questioning the legality and validity of the award dated 02. 05. 2012 passed by the 1 st Additional Motor Accident Claims Tribunal, Raipur, District Raipur (C. G. ) (for short 'the Claims Tribunal') in Claim Case No. 125/2010, whereby, the learned Claims Tribunal while allowing the claim in part has awarded the total amount of compensation to the tune of Rs. 4,05,000/- with 6% interest per annum from the date of filing of the claim petition till its realization while fastening the liability upon the Insurance Company. The parties to this appeal shall be referred hereinafter as per their description in the Claims Tribunal.

(2.) Briefly stated the facts of the case are that on 14.8.2010 at about 09:45 PM near village Bhumiya under Police Station Simga, District Raipur, Non-Applicant No. 1/Santosh Kumar Ganda by driving 'Truck' bearing Registration No. CG 10 A 9451 owned by Non- Applicant No. 2/Ashish Bansal and insured with Non-Applicant No. 3/The Oriental Insurance Company Limited, rashly and negligently dashed the Santo Car bearing Registration No. CG 04 HB 0547. As a result of which, deceased Prem Shankar Gupta and his wife Veena Gupta both sustained grievous injuries and expired. Report regarding the alleged accident was lodged in Police Station Simga, while registering the offence against the driver of the offending vehicle 'Truck'.

(3.) On account of the aforesaid accident, the claimants being minors through their guardian Pradeep Kumar Gupta, instituted a claim petition enumerated under Section 166 of the Act of 1988, claiming amount of compensation to the tune of Rs. 25,00,000/- under various heads by submitting inter alia that their father Prem Shankar Gupta, a 40 years old was a Regional Sales Officer in Everest Ply and Venires Private Limited Company and used to earn Rs. 12,500/- per month.