RAJNI SAGAR Vs. RAM KUMAR SAHU

JUDGEMENT

(1.) This appeal is preferred by the claimants under Section 173 of the Motor Vehicles Act, 1988 against the award dated 12/09/2017 passed by Motor Accident Claims Tribunal, District Janjgir-Champa (C.G.) in Claim Case No. 75/2016 awarding total compensation of Rs. 9,11,500/- with interest @ 8% per annum from the date of application till realization, fastening liability on the non-applicants jointly and severally.

(2.) As per averments of claim petition, on 11/06/2016 at around 10 P.M. deceased Suraj Sagar, 30 years of age, earning Rs. 9,000/- per as skilled painter, was sitting in motorcycle bearing No. CG11 BC 9427 as pillion rider and motorcycle was driven by Santosh Sarthi with a moderate speed. However, when deceased reached near Railway station road Champa in front of Krishna Lodge, the offending Vehicle Eicher Mazda bearing No. CG07 CA 1393 driven by non-applicant No. 1 rashly and negligently dashed the deceased Suraj Sagar. As a result of this accident Suraj Sagar sustained grievous injury and died on the spot. At the time of accident the offending vehicle was owned by non-applicant No. 2/Devendranath Dubey and insured with Nonapplicant No. 3/United India Insurance Co. Ltd.

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