KHORBAHARIN BAI Vs. KALINDRI BAI YADAV

JUDGEMENT

(1.) This appeal is by the parents of the deceased/non-applicants No. 3 and 4 under Section 173 of the Motor Vehicles Act, 1988 against the award 29th June, 2015 passed by Motor Accident Claims Tribunal, Bemetara (CG) in Claim Case No.98/2014 awarding total compensation of Rs.4.55 lacs with interest @ 6% per annum from the date of application till realization, fastening liability on the non-applicant No.2/insurance company. It has been further directed that out of Rs.4.55 lacs, claimant No.1 Kalindri Bai (wife of the deceased) shall be entitled for Rs.3.55 lacs, claimant No.2 Ku. Monika Yadav (daughter of the deceased) shall be entitled for Rs.50,000/- and non-applicants No. 3 and 4 (parents of the deceased, appellants herein) shall be entitled for Rs.25,000/- each.

(2.) As per claim petition, on 20.4.2014 non-applicant No.1 Ajay Pal Singh by driving truck bearing No. CG 10 C 7389, which is owned by himself and insured with non-applicant No.2, in a rash and negligent manner, dashed the motorcycle Hero Honda bearing No. CG 10 5257 which was being ridden by deceased Ravi Kumar. As a result of this accident, Ravi Kumar suffered grievous injuries, he was taken for treatment to hospital and during treatment in CIMS, Bilaspur, he died on the same day.

(3.) On claim petition being filed by the claimants, wife and daughter of the deceased, under Section 166 of the Motor Vehicles Act, the Tribunal considering the evidence led by the parties passed an award as mentioned above.