VANDANA SINGH Vs. BALRAM PRASAD

JUDGEMENT

(1.) This appeal is preferred by the claimants under Section 173 of the Motor Vehicles Act, 1988 against the award dated 20/03/2013 passed by Vth Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur (C.G.) in Claim Case No. 35/2012 awarding total compensation of Rs. 4,53,000/- with interest @ 7.5% per annum from the date of application till realization, fastening liability on the non-applicants jointly and severally.

(2.) As per claim petition, on 02/12/2011 at around 08:45 P.M. deceased Vikas Singh, 25 years of age, earning Rs. 9,800/- per as Manager, was riding his motorcycle and going towards Bilaspur to Pali with a moderate speed. However, when deceased reached near Beltara Liquor Shop, at that time the driver of offending vehicle stopped the Truck without giving any indication. On the way non-applicant No. 1./Balram Prasad by driving Truck bearing No. CG04 HC 0910 (offending vehicle) in a rash and negligent manner dashed the deceased. As a result of this accident Vikas Singh sustained grievous injury and died on the spot. At the time of accident the offending vehicle was owned by non-applicant No. 2/Ramshankar Jayaswal and insured with Non-applicant No. 3/New India Insurance Co. Ltd.

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