NAMITA SARKAR Vs. RAVI KANT KAUSHAL

JUDGEMENT

(1.) This appeal is preferred by the claimants under Sec. 173 of the Motor Vehicles Act, 1988 against the award dated 18/03/2013 passed by VIth Additional Motor Accident Claims Tribunal, Durg, District Durg (C.G.) in Claim Case No. 48/2012 awarding total compensation of Rs. 4,32,000.00 with interest @ 6% per annum from the date award till realization, fastening liability on the non-applicants No. 1, 2 & 3 jointly and severally.

(2.) As per averments claim petition, on 24/05/2012 deceased Govinda Sarkar, 48 years of age, earning Rs. 18,000.00 working as Ornament designer, was returning to his home by bicycle. However, on the way near Garage Rode behind Sai College non-applicant No.1/Ravi Kant Kaushal driving Tata D.I.-207 (offending vehicle) bearing No. CG04 J 6085, driven the vehicle rashly and negligently dashed the deceased Govinda Sarkar. As a result of his accident deceased sustained grievous injury and declared died at Hospital. At the time of accident the offending vehicle was owned by non-applicant No. 2/Ram Awatar Nirmalkar and insured with Non-applicant No. 3/The Oriental Insurance Co. Ltd.

(3.) On claim petition being filed by the claimants, wife and children of the deceased under Sec. 166 of the Motor Vehicles Act, the Tribunal considering the evidence led by both the parties passed an award as mentioned above in Para 1 of this judgment.