ORIENTAL INSURANCE COMPANY LTD Vs. BHANU PRATAP SINGH

JUDGEMENT

(1.) This appeal is by the non-applicant No.3/insurance company under Sec. 173 of the Motor Vehicles Act, 1988 against the award dtd. 29/10/2014 passed by 6th Additional Motor Accident Claims Tribunal, Bilaspur (CG) in Claim Case No.164/2013 awarding total compensation of Rs.3.34 lacs with interest @ 7.5% per annum from the date of application till realization, fastening liability on the non- applicants jointly and severally. The Tribunal further directed that in case the amount of compensation is not deposited with the Tribunal within a period of one month from the date of award, it shall carry interest @ 12% per annum from the date of application till its payment.

(2.) As per claim petition, on 11/4/2013 when Ajay Singh, aged 23 years, earning Rs.1200.001500/- per day as Auto driver, by driving Auto bearing registration No. CG 10 T 7974 with a moderate speed reached about one kilometer ahead of Dhamtari Bus Stand, non-applicant No.1 Nand Kumar Sahu by driving vehicle Truck bearing registration No. CG 04 G 2851, owned by non-applicant No.2 and insured with non-applicant No.3, rashly and negligently, dashed the Auto of Ajay Kumar, as a result of which Ajay Kumar suffered grievous injuries and died during treatment on 12/4/2013.

(3.) On claim petition being filed by the claimants, parents 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.