LAWS(CHH)-2021-6-55

MADHUSUDAN SAHU Vs. RAMADEVI

Decided On June 09, 2021
MADHUSUDAN SAHU Appellant
V/S
RAMADEVI Respondents

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.53/2013, 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 Claimants to the tune of Rs.6,00,000/- along with its interest @ 6% per annum from the date of filing of the Claim Petition till the date of actual payment, while the claimants have preferred the cross-appeal seeking for its enhancement. The parties of this appeal shall be referred hereinafter as per their description before the Claims Tribunal.

(2.) Briefly stated the facts of the case are that on 03.07.2012, at 10.00 a.m, deceased Lingraj Khutia was going along with his brother Shivram Khutia by a motorcycle as a pillion rider from his village Charcha to Baikunthpur and as soon as they reached near "Odgi Naka new petrol pump", it was dashed vehemently from its opposite side 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, deceased Lingraj Khutia died during the course of his treatment, while his brother Shivram Khutia, who was driving the alleged motorcycle, sustained grievous injuries, giving rise to the institution of the claim Petition by the Claimants, who are the mother and brothers of the deceased by submitting, inter alia, that the deceased, a 25 years old, was a Computer Operator in the Office of Deputy Director, Agriculture at Koria District and used to earn Rs.182/- per day, monthly Rs.5,460/- and have claimed total amount of compensation to the tune of Rs.21,40,800/-.