LAWS(CHH)-2017-10-121

PAVITRA RAI CHOUDHARY Vs. MANIRAM S/O HARIRAM

Decided On October 30, 2017
Pavitra Rai Choudhary Appellant
V/S
Maniram S/O Hariram Respondents

JUDGEMENT

(1.) Present is an appeal under Section 173 of the Motor Vehicle Act assailing the award dated 26/11/2009 passed by the Additional Motor Accidents Claims Tribunal, Dantewada (C.G.) in Motor Accident Claim Case No.52/2008.

(2.) Vide the said impugned award, the Tribunal in a Claim Case under Section 166 of the Motor Vehicles Act has awarded the compensation of Rs.2,89,000/- with interest @ 7.5% per annum from the date of application.

(3.) While passing the said impugned award, the Tribunal had exonerated the Insurance Company of its liability and had fastened the liability of payment of compensation upon the owner and the driver of the offending vehicle. The ground for exonerating the Insurance Company was that the driver of the offending vehicle was not having proper endorsement to drive the Transport Vehicle.