ANITA TANDIYA Vs. MILAP RAM SAHU

JUDGEMENT

(1.) This appeal is by the Claimants, unfortunate wife, children and monther of deceased- Johan Das Tandiya, against the award dtd. 7/3/2013 passed by the Chief Motor Accident Claims Tribunal, Dhamtari (C.G.) in Claim Case No. 99 of 2010 awarding total compensation of Rs.6,96,160.00 with interest @ 6% per annum from the date of application till realization, fastening liability on non-applicants jointly and severally.

(2.) Facts of the case, in brief, are that on 7/2/2010 deceased- Johan Das Tandiya was coming by his motorcycle bearing registration No. CG-12/B/8838 to his house at Bhothali from his office situated at Shihava-Chowk, in the meantime, the offending vehicle Hundai Motor Indica bearing registration No. CG-05/F/3900 came from front side which was being driven by non-applicant No. 1 in a rash and negligent manner, dashed the motorcycle of Johan Das Tandiya. As a result thereof, Johan Das Tandiya fell down on the road and sustained grievous injuries and he was shifted to District Hospital, Dhamtari, where the Doctor has declared that Johan Das Tandiya has died on account of such accident. At the time of accident, the offending vehicle Hundai Motor Indica bearing registration No. CG05/F/3900 was owned by non-applicant No.2 and was insured with non-applicant No.3.

(3.) As submitted by counsel for the parties, no counter appeal has been filed by the Respondents/non-applicants.