NEW INDIA ASSURANCE COMPANY LIMITED Vs. RAJANI SAHU

JUDGEMENT

(1.) The present miscellaneous appeal under Section 173 of the Motor Vehicles Act 1988 {for brevity 'Act'} is directed against the award dated 30.3.2008 passed by Additional Member, Motor Accident Claims Tribunal, Bhopal in Motor Vehicle Case No.2164/2007 whereby the Tribunal has awarded compensation of Rs.13,10,500/- to be paid jointly and severally by the non-applicants (appellant and respondent Nos.6 and 7 herein) to the applicants (respondent Nos.1 to 5 herein) for the death of Rakesh Sahu and that the compensation so awarded shall carry interest @ 6% per annum from the date of presentation of the claim petition.

(2.) It is not disputed that at the time of the accident, Respondent No.6 Sanjeet Kumar was driver and respondent No.7 Lalaramji was registered owner of the Truck bearing registration No. MP09-K/ 8405 and the said offending vehicle was insured with the appellant-New India Assurance Company Limited. It is an admitted fact that respondent No.1 Smt.Rajani Sahu is the wife of deceased Rakesh Sahu. Respondent No.2 Ku.Megha Sahu and respondent No.3 Ku.Versha Sahu are his daughters whereas respondent No.4 Kundanlal Sahu and respondent No.5 Smt.Bhagwati Sahu are his parents.

(3.) Short facts of the case are that on 27.7.2007 at about 3-4 pm, deceased Rakesh Sahu was returning from Pachmarhi to Mandideep in his Maruti 800 alongwith his friends. On the way near Singanama village, respondent No.6 Sanjeet Kumar who was driving the offending truck rashly and negligently dashed from the back side against Maruti 800 being driven by deceased Rakesh Sahu.