PARAS RAM DEWANGAN Vs. SOMAN DAS

JUDGEMENT

(1.) This appeal is filed by the owner/non-applicant No.2 under Sec. 173 of the Motor Vehicles Act, 1988 against the award dtd. 5/3/2013 passed by Additional Motor Accident Claims Tribunal, Balod, Distt. Durg (CG) in Claim Case No.53/2012 awarding total compensation of Rs.7.18 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.3/insurance company.

(2.) As per claim petition, on 29/6/2012 Bhola Das (deceased) as a pillion rider was going to Dhamtari on motorcycle being ridden by his brother. However, while they were standing near a shop, at that time non-applicant No.1 by driving vehicle truck bearing registration No. CG 17H 1818, owned by non-applicant No.2 and insured with non-applicant No.3, in a rash and negligent manner dashed Bhola Das as a result of which Bhola Das died on the spot. On report being made, crime was registered against non-applicant No.1.

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