MOHAN LAL Vs. FIRANTIN BAI,

JUDGEMENT

(1.) This is is owner's appeal under section 173 of the Motor Vehicle Act, 1988 (for short "Act of 1988"), challenging the impugned award dated 08-08-2014 passed by learned Motor Accident Claims Tribunal, Balod, District Balod in claim case no. 03/2014, wherein learned Claims Tribunal allowed the claim application in part and awarded Rs. 1,78,000/- as compensation and fastened the liability upon the owner and driver of the offending vehicle (CG 07 CA 2050).

(2.) Facts of the case in nutshell are that on 10-11-2013 at about 11:00 a.m. when Firantaram was travelling on his TVS XL moped, and going to village Parri from Badgaon, at that relevant time, truck bearing number CG07 CA 2050 (offending vehicle) driven by Respondent 4/ Non-applicant 1 dashed the moped of Firantaram. In the said accident, Firantaram died. Claimants who are widow and children of the deceased Firantaram filed an application under section 166 of the Act of 1988 seeking compensation of Rs. 7,00,000/- pleading therein that deceased was earning Rs. 50,000/-per annum from agricultural work and Rs. 10,000/- per month from the Beatles (Paan) shop.

(3.) Non applicant 1 and 2 who are driver and owner of the offending vehicle submitted reply to the claim application and denied the fact of accident. It was pleaded that, Respondent 4/ Non-applicant 1 driver of the offending vehicle was falsely implicated in the accident and false and fabricated case was registered against him, the amount of compensation claimed is highly exaggerated; deceased, due to his rash and negligent driving of his vehicle moped, fell down and suffered injuries. It was also pleaded that on the date of accident, offending vehicle was insured with Respondent 5/ non-applicant 3-Insurance Company and the liability, if any, would be upon the Insurance Company.