NATIONAL INSURANCE COMPANY LTD Vs. SMT. RAMA DEVI

JUDGEMENT

(1.) Considering the order-sheets dated 2nd January, 2014, 4th March, 2014, 28th November, 2014 and 18th June, 2018, the learned Counsel for the parties are ready to argue the matter finally and on their request, it is heard finally.

(2.) The instant appeal has been filed by the Insurance Company challenging the award passed by the learned 8th Additional Motor Accident Claims Tribunal, Jabalpur in Claim Case No. 7 of 2011 on the point of involvement of the vehicle. The Tribunal by the impugned award has granted a compensation in favour of the claimants/respondents to the tune of Rs. 26,17,500/- due to death of one Mithlesh Kumar Bihoniya, who was husband of respondent No. 1 and father of respondents No. 2

(3.) The claimants have filed a claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs. 36 lac on account of death of deceased Mithlesh Kumar Bihoniya in an accident took place on 21st June, 2010. It was pleaded by the claimants that they are widow and children of deceased, who was the sole bread-earner of the family, died in the accident while going to attend his duty as a policeman and therefore compensation as prayed by them in the claim petition may be awarded as the insured vehicle was being driven by the driver of the vehicle rashly and negligently, hit the motorcycle of the deceased from behind. Resultantly, injuries were sustained by him and got hospitalized on the same day and due to such injuries he died on 28th June, 2010 during treatment in the hospital. An FIR was lodged in Police Chowki Rampur, which come under the jurisdiction of Police Station Gorakhpur, Jabalpur for the offence punishable under Sections 279, 337 and 304 of IPC. Before the Tribunal, non-applicants No. 1 and 2 i.e. driver and owner of the vehicle (motorcycle) remained ex parte, but the matter was contested by non-applicant (present appellant). The appellant filed its reply and thereafter the Tribunal framed the issued; recorded the evidence adduced by the parties and finally allowed the claim application awarding Rs. 26,17,500/- in favour of the claimants.