USHA BAI Vs. DONALD KULBHUSHAN BARA

JUDGEMENT

(1.) As both these appeals filed under sec. 173 of Motor Vehicles Act, 1988 by the Insurance Company as well as claimants arise out of the common award dtd. 27/09/2013 passed by 5th Additional Motor Accident Claims Tribunal Durg (C.G.) in Claim Case No. 02/2013, they heard together and are being disposed of by this common judgment.

(2.) Appellant/Insurance Company has filed the appeal being MAC No. 521 of 2014 challenging the liability fastened upon it and also challenging the quantum part of the impugned award stating that amount of compensation awarded by the Claims Tribunal is on higher side, which deserves to be reduced suitably whereas claimants have also filed an appeal being MAC No. 1084 of 2013 seeking enhancement of the amount of compensation under the award.

(3.) As per claim petition, on 24/9/2012 at about 07.00 am, Nand Kumar Thakur (since deceased), aged about 54 years, earning Rs.47,921.00 pm by working as Civil Engineer in the Bhilai Steel Plant was returning along with his friend in Tawera Jeep bearing registration No. CG-07-L.N.-7771 from Jagdalpur to Durg on the National Highway No. 30 at village- Jaitpur, due to rash and negligence driving of Non-applicant No. 1, the Driver of the vehicle (Tavera) dashed the same into Mango tree, as a result thereof, Nand Kumar sustained grievous injuries and thereafter he was taken to Medicine Hospital, Raipur and thereafter, he was admitted in Sector- 9, Hospital Bhilai and ultimately on 10/10/2012 he died due to injuries sustained by him in the motor accident occurred on 24/9/2012. The offending vehicle is insured with non-applicant No. 2.