RAM GENERAL INSURANCE COMPANY LIMITED Vs. TILAKDAS

JUDGEMENT

(1.) As both above appeals arise out of the same accident occurred on 17/1/2015 involving the vehicle Truck Hiva bearing registration No. CG-10/A/7111 (hereinafter referred to as the 'offending vehicle'), they are being disposed of by this common judgment.

(2.) M.A.(C) No. 271 of 2017 has been filed by the Claimants seeking enhancement of compensation.

(3.) Brief facts of the case are that on 17/1/2015 at about 08:00 pm, deceasedSumant Kumar along with his cousin brother Dilip was coming from Lormi to his village Baigakapa by riding motorcycle. When he reached mungeli-road near petrol-pump, non-applicant No. 1, driver of the offending vehicle Truck Hiva bearing registration No. CG-10/A/7111, owned by non-applicant No.2 and insured with non-applicant No.3, driving the said Truck in a rash and negligent manner, dashed the motorcycle of Sumant Kumar. As a result thereof, Sumant Kumar fell down from the motorcycle and came under the wheel of the said offending Truck due to which he was crushed and sustained grievous injuries on his head and right leg. Sumant Kumar was taken to Community Health Centre, Lormi, where he was declared dead by the Doctor.