CHANDANI Vs. SADANAND NAYAK

JUDGEMENT

(1.) This appeal is by the claimants against the award dtd. 30/7/2014, passed by Additional Motor Accident Claims Tribunal, Kondagaon in Claim Case No.17/2012 after deducting 30% towards contributory negligence awarding total compensation of Rs.6,79054.00 with interest @ 7% per annum from the date of application till realization, fastening liability on the non-applicants/respondents jointly and severely.

(2.) As per claim petition, on 13/11/2008 deceased Jhitakuram Korram, aged about 55 years, earning Rs.10072.00 per month as security guard At State Bank of India Branch Kondagaon and getting Rs.3,254.00 as pension from the Indian Army was going to his work place on motorcycle bearing registration No. CG 17J/1385, on national highway No. 43, near village Kakdighat Durga mandir non-applicant No. 1-Sadanand Nayak by rash and negligent driving of offending vehicle (truck) bearing No. CG04- G/9300 dash the motorcycle of the deceased as a result of which, Jhitakuram sustained grievous injuries and when he was taken to the hospital, on the way he died. The vehicle is owned by Non applicant No. 2 and insured with non-applicant No. 3.

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