MADHUSUDAN SAHU Vs. SHIVRAM KHUTIA

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred by the owner-Madhusudan Sahu and driver-Shiv Kumar Sahu under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') questioning the legality and propriety of the award impugned dated 13.07.2015 passed in Claim Case No.52/2013, whereby the Motor Accidents Claims Tribunal, Baikunthpur, District Koria (CG) (for short 'the Claims Tribunal'), while exonerating the Insurance Company from its liability, has awarded the total amount of compensation payable to the Claimant to the tune of Rs.4,00,000/- along with its interest @ 6% per annum from the date of filing of the Claim Petition till the date of actual payment.

(2.) Briefly stated the facts of the case are that on 03.07.2012, at 10.00 a.m, Claimant-Shirvram, while driving a motorcycle, was going from his village Charcha to Baikunthpur along with his brother Lingraj Khutia and as soon as they reached near "Odgi Naka new petrol pump", it was dashed vehemently from its opposite direction by the offending vehicle "truck" bearing its registration No.CG 16-A/1777 owing to rash and negligent driving by its driver namely Shiv Kumar Sahu, Non-applicant No.1. The alleged offending vehicle was owned by Non-Applicant No.2-Madhusudan Sahu, which was insured with Non-applicant No.3-I.C.I.C.I. Lombard General Insurance Company Ltd.

(3.) On account of the aforesaid accident, the Claimant got injured badly while his brother Lingraj Khutia died during the course of his treatment giving rise to the institution of the claim Petition by the Claimant submitting, inter alia, that he is a Computer Operator and working as such in the "Sahkari Vipnan Sangh Maryadit" at a monthly salary of Rs.6,400/- and, has claimed a total amount of compensation to the tune of Rs.5,84,124/-.