ORIENTAL INSURANCE COMPANY LIMITED DHAMTARI Vs. PURNIMA BHIMTE

JUDGEMENT

(1.) This appeal is by the Insurance Company/non-applicant No.3/Appellant under Sec. 173 of the Motor Vehicles Act, 1988 against the award dtd. 4/9/2013 passed by the First Additional Motor Accident Claims Tribunal, Durg, District Durg (C.G.) in Claim Case No. 263 of 2011 awarding total compensation of Rs.24,20,912.00 with interest @ 6% per annum from the date of application till realization, fastening liability on the Insurance Company/non-applicant No. 3 alongwith non-applicants No. 1 & 2 jointly and severally.

(2.) Facts of the case, in brief, are that on 10/9/2008 deceased Prakash Kumar Bhimte was going from Bhilai to village Gureda by his Scooter bearing registration No. CG-07/ZE/4971, when he reached village Chandkhuri near Tikam Dewangan Grocery Shop, non-applicant No.1 Ajay Kumar @ Anand, driver of the offending vehicle- Tata 1109 bearing registration No. CG-04/JA/6786, driving the offending vehicle in a rash and negligent manner, dashed the Scooter of Prakash Kumar Bhimte. As a result thereof, Prakash Kumar Bhimte sustained grievous injuries on various parts of the body and he died on spot.

(3.) Learned counsel for the Appellant/Insurance Company submits that the Claimants are not dependant of the deceased because Claimant No.1 Smt. Purnima Bhimte was not legally wedded wife of the deceased and Claimant No.2 Ku. Renuka Bhimte is adopted daughter of the deceased. He further submits that there was contributory negligence on the part of the deceased, but the Tribunal has not considered the contributory negligence on the part of the deceased. He also submits that on the date of accident the driver of the offending vehicle was not having a valid and effective driving licence.