ORIENTAL INSURANCE CO LTD Vs. RAVI SHANKAR

JUDGEMENT

(1.) This order shall govern the disposal of M.A.No. 2595/2008 and M.A. No. 2884/2008.

(2.) M.A. No. 2595/2008 has been filed by the insurance company while M.A. No. 2884/2008 has been filed by the claimants. Both these appeals arise out of the award dated 10th March, 2008 passed by the Motor Accident Claims Tribunal, Jabalpur in M.V.C. No. 95/2006.

(3.) The case of the claimants is that Indra Kumar, since deceased, was employed as conductor/cleaner in the gas tanker, bearing registration no. M.P.08-F-2077. On 30/12/2005 at about 11.00 p.m., he was going to Vijaypur Raghavgarh, by the gas tanker being driven rashly and negligently, it dashed against a stationed truck no. M.P.-09-KB- 5941. The conductor, Indra Kumar, sustained severe injuries on the hands, legs, head and other parts of the body. He was immediately taken to Medical Hospital, Jabalpur. Report of the incident was lodged with Police Station, Bhedaghat on which offences under relevant Sections of the IPC were registered against the driver of the gas tanker, nonapplicant no. 1, Nathulal. Thus claim petition under section 166 of the Motor Vehicles Act seeking compensation to the tune of Rs.20,30,000/- was filed.