RUKMANI DHRUW Vs. MUKESH BHARDWAJ

JUDGEMENT

(1.) This appeal is by the claimants under Section 173 of the Motor Vehicles Act, 1988 against the award dated 30.6.2017 passed by Additional Motor Accident Claims Tribunal, Bilaspur (CG) in Claim Case No.928/14 awarding total compensation of Rs.3.50 lacs with interest @ 7.5% per annum from the date of application till realization, fastening liability on non-applicant No.3/insurance company jointly and severally along with non-applicants No. 1 & 2/driver & owner.

(2.) As per claim petition, on 1.8.2013 Naresh Singh Dhruv, aged 45 years, earning Rs.25,581/- per month as Assistant (Cash Caring) in National Insurance Co. Ltd., was riding his motorcycle and was going from his house at Khapri to his office. When he reached main road at the turning of Jaroudha Basti, non-applicant No.1 Mukesh Bharadwaj by riding motorcycle bearing No. CG 10 ZE 9051 in a rash and negligent manner came from opposite direction and hit the motorcycle of Naresh Singh. As a result of this accident, Naresh Singh suffered grievous injuries on head, left leg and other vital parts of the body. He was immediately taken to Mundra Hospital, Mangla Road, Bilaspur. However, during the course of treatment he died on 26.10.2013. At the time of accident, the offending vehicle was owned by non-applicant No.2 and insured with non-applicant No.3.

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