SHIV KUMAR BANERJEE Vs. MOHD. AJAD
HIGH COURT OF CHHATTISGARH
SHIV KUMAR BANERJEE
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RAJEEV GUPTA,J. -
(1.)THIS is claimants appeal filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Dhamtari, vide award dated 16.01.2003 passed in Claim Case No. 224/2002.
(2.)THE claimants, unfortunate parents and younger sisters of deceased Asharam claimed compensation of Rs. 10,35,000/- by filing a claim petition under Section 166 of the Act for his death in the motor accident on 12.08.2001 when the jeep bearing registration MP-23L/8728 in which he was travelling was dashed by the offending vehicle Trax bearing registration No. MP-24-G-0818, resulting in instantaneous death of Asharam on the spot. THE claimants further pleaded that deceased - Asharam, who was aged about 16 years used to earn Rs. 100 -125/- per day as Carpenter.
The owner, driver and the insurer contested the claim and denied their liability to pay compensation to the claimants. The owner and the driver of the offending vehicle Trax pleaded that the claim petition suffered from the defect of non-impleadment of the driver, owner and insurer of the jeep. The insurer of the Trax, on the other hand, took the plea that the driver of the Trax was not holding a valid driving license and the Trax was being plied in breach of the policy conditions. The claimants examined AW-Shiv Kumar in support of their claim, whereas the owner, driver and insurer of the offending vehicle Trax did not examine any witness in rebuttal.
(3.)THE Tribunal on the evidence led by the parties held that Asharam died on account of the injuries sustained by him in the motor accident on 12.08.2001; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Trax; as the Trax was insured with United India Insurance Company Ltd. on the date of accident, the insurance company was liable to pay compensation to the claimants.
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