TULSI BAI SINHA Vs. RASPAL SINGH

JUDGEMENT

(1.) Since both these appeals filed by the claimants under Section 173 of the Motor Vehicles Act, 1988 arise out of the common award dated 12.12.2017 passed by Motor Accident Claims Tribunal, Kondagaon (CG) in Claim Cases No.36/2017 & 37/2017, they are being disposed of by this common judgment.

(2.) As per averments in the claim petitions, on 20.2.2017 at around 9.30 pm, non-applicant No.1 Raspal Singh by driving vehicle Truck bearing registration No. CG 04 E 5522, owned by non-applicant No.2 Smt. Amarjit Kaur and insured with non-applicant No.3/National Insurance Co. Ltd., in a rash and negligent manner, parked the same on the middle of the road without any indicator and on account of this, the motorcycle being ridden by Jailal Sinha, in which Chandrashekhar was pillion rider, got dashed against it. As a result of this accident, Jailal Sinha and Chandrashekhar suffered grievous injuries and both of them died on the spot itself.

(3.) Separate Claim petitions were filed by the claimants parents of the deceased namely Jailal Sinha & Chandrashekhar Baghel under Section 166 of the Motor Vehicles Act which were registered as Claim Cases No.36/2017 & 37/2017. The Tribunal considering the evidence led by the parties by a common award decided both the claim cases, thereby awarding compensation of Rs.6,72,600/- in favour of the respective claimants with interest @ 9% per annum from the date of claim petitions till realization, fastening liability on the non-applicants No. 1 to 3 jointly and severally.