ORIENTAL INSURANCE COMPANY LIMITED Vs. MANGOTIN BAI

JUDGEMENT

(1.) Being aggrieved with the award dated 09.12.2011 passed in Claim Case No. 181 of 2011 by the Additional Motor Accident Claims Tribunal, Balod, District Durg (C.G.), the Appellant/Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 challenging the liability fastened upon it.

(2.) Facts of the case, in brief, are that on 25.03.2009 deceased- Bisnath was sitting as labour (Hammal) in the offending vehicle Truck-Tipper bearing registration No. CG-07/ZC/3515 which was being driven by non-applicant No.1, owned by non- applicant No. 2 and insured with non-applicant No.3. The said offending vehicle was going from Dallirajhara to Doundilohara, non-applicant No.1 driving the said vehicle in a rash and negligent manner, turned it turtle on the way near Shikaritola main-road, as a result thereof, Bisnath sustained grievous injuries and later on, died.

(3.) The learned Tribunal, in the impugned award, has awarded a compensation of Rs.3,90,000/- in favour of the Claimants with interest @ 6% per annum from the date of filing of the application till realization and fastened the liability upon the nonapplicant No. 3 along with non-applicant No.1 and 2 to pay compensation jointly and severally.