ORIENTAL INSURANCE COMPANY LIMITED Vs. BHAMRADI BAI

JUDGEMENT

(1.) This appeal is by the insurer under Section 173 of the Motor Vehicles Act, 1988 against the award 17.9.2018 passed by Additional Motor Accident Claims Tribunal, Gariyaband (CG) in Claim Case No.38/2017 awarding total compensation of Rs.11,80,144/- with interest @ 7.5% per annum from the date of application till realization, fastening liability on the non-applicant No.3/insurance company.

(2.) As per claim petition, on 4.7.2017 Shyamlal Yadav as a pillion was going to Mudagaon on motorcycle which was being ridden by Gunmat Yadav. However, on the way since non-applicant No.1 Naresh Kumar Sahu, driver of vehicle Truck bearing registration No. CG 04 JB 5653, owned by non-applicant No.2 and insured with non-applicant No.3, stopped the vehicle suddenly while driving rashly and negligently without any indicator, the motorcycle ridden by Gunmat Yadav got hit against the said truck. In the said accident, Gunmat Yadav died on the spot whereas Shyamlal Yadav died during treatment.

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