UMED RAM Vs. SURENDRA KUMAR

JUDGEMENT

(1.) This appeal is by the claimants under Section 173 of the Motor Vehicles Act, 1988 against the award 7.10.2015 passed by Additional Motor Accident Claims Tribunal, Mungeli (CG) in Claim Case No. 218/2011 awarding total compensation of Rs.3.24 lacs with interest @ 6% per annum from the date of application till realization, fastening liability on the non-applicants No. 1 & 2/driver & owner jointly and severally while exonerating non-applicant No.4/insurance company.

(2.) As per claim petition, on 23.3.2011 Karamchand @ Baban Satnani, aged 24 years, earning Rs.8,000/- per month by selling clothes, was travelling in Metador bearing No. CG 04 JB 4820 (offending vehicle) along with his clothes. However, due to rash and negligent driving of the said vehicle by non-applicant No.1, it was dashed against a tree, as a result of which Karamchand, who was sitting on the Dala of the vehicle, fell down, suffered grievous injuries and died during treatment in CIMS Hospital on 24.3.2011. At the time of accident, the offending vehicle was owned by non-applicant No.2 and insured with nonapplicant No.4.

(3.) On claim petition being filed by the claimants, parents, brother and sister of the deceased, under Section 166 of the Motor Vehicles Act, the Tribunal considering the evidence led by the parties passed an award as mentioned above.