MANJU CHOUHAN Vs. BALWANT SINGH YADAV

JUDGEMENT

(1.) Being aggrieved by quantum part of impugned award dtd. 29/7/2021 passed by learned Member, Second Motor Accident Claims Tribunal, Gwalior in Claims Case No. 6400241/2015, appellants/claimants are before this Court. By the impugned award, the claimants (wife, children and mother) have been awarded a compensation of Rs.16,60,750.00 alongwith interest at the rate of 6 % per annum from the date of claim petition.

(2.) Briefly stated facts of the case are that on 31/8/2008 when deceased Dharmendra Singh Chauhan was going on his motorcycle from Banmore to Gwalior, it is alleged that as soon as he reached near Purani Chhawani Chauraha, due to rash and negligent driving of Mini Bus Driver/respondent No.1, bus dashed the motorcycle due to which deceased suffered grievous hurts and died on spot. Due to death of deceased in motor accident, the appellants preferred a claim petition seeking compensation to the tune of Rs.30,00,000.00 alongwith interest.

(3.) The respondents No. 1 and 2 filed written statement stating that the bus was insured with respondent No. 3 and therefore, liability for payment of compensation amount is over the Insurance Company.