YOGENDRA SHUKLA Vs. RAKESH KUMAR DEWANGAN

JUDGEMENT

(1.) This appeal is by the claimants, parents of the deceased, under Section 173 of the Motor Vehicles Act, 1988 against the award 6.8.2018 passed by the Motor Accident Claims Tribunal, JanjgirChampa (CG) in Claim Case No. 02/2018 awarding total compensation of Rs.4.55 lacs with interest @ 8% per annum from the date of application till realization, fastening liability on the non-applicant No.3/insurance company jointly and severally along with nonapplicants No. 1 & 2/driver & owner.

(2.) As per claim petition, on 3.9.2017 while Utsav Shukla, aged 08 years, studying in Class-III, along with his mother (claimant No.2 Smriti Shukla) was going, near Akaltara Road, Gurukul School, non-applicant No.1 Rakesh Kumar Dewangan, by driving vehicle Hundai Car bearing No. CG 11 BC 8300, owned by non-applicant No.2 and insured with non-applicant No.3, in a rash and negligent manner, dashed Utsav Shukla, as a result of which he suffered grievous injuries and died during treatment in Apollo Hospital, Bilaspur on 9.9.2017.

(3.) On claim petition being filed by the claimants, parents 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.