ASHA CHANDEL Vs. RAJINDER KUMAR

JUDGEMENT

(1.) The appellants, who were the claimants have filed this appeal against award dated 12/11/2003 passed by Motor Accidents Claims Tribunal, Bilaspur in M.A.C. Case No. 75 of 2002, awarding Rs. 6,00,000 compensation in favour of appellants and against respondents. The respondent No. 3 was directed to deposit the amount of compensation within two months from the date of award, failing which, simple interest at the rate of 9 per cent per annum from the date of award till realization shall also be payable. The award amount was made payable to appellants in the ratio of 5:1.

(2.) Facts in brief are that Rakesh Kumar Chandel, aged 30 years, on 15.7.2002 at about 5.30 p.m. was riding motor cycle No. HP 23-A 1049 and was proceeding from Bilaspur to Naina Devi Ji. The truck No. HP 24-2841 which was being driven by respondent No. 1 and owned by respondent No. 2 was coming from the opposite side and Rakesh Chandel was going uphill near Swarghat. The respondent No. 1 was driving the truck in a rash and negligent manner and he knocked down Rakesh Chandel who suffered multiple injuries, he was taken to Civil Dispensary, Swarghat for medical aid. The injured was referred to District Hospital, Bilaspur where he succumbed to his injuries. The deceased was working as the Junior Telecommunication Officer and was receiving Rs. 11,370 salary per month. The appellant No. 1 is the widow and appellant No. 2 is the mother of the deceased. The truck and the motor cycle were insured with respondent No. 3. On these grounds petition for claiming Rs. 20,00,000 as compensation was filed by the appellants.

(3.) The respondent Nos. 1 and 2 had contested the petition. They admitted the ownership of the truck and the fact that on the relevant date, truck was being driven by respondent No. 1, they denied that accident took place due to rash and negligent driving on the part of respondent No. 1. They attributed accident to the negligence of the deceased while driving motor cycle. It has been alleged that Rakesh Chandel had died due to injuries sustained by him as a result of his own negligence. They denied the age, income and occupation of the deceased. The truck was insured and liability, if any, is of the insurer.