ORIENTAL INSURANCE CO LTD THROUGH DIVISIONAL MANAGER Vs. SHIKHA TRIPATHI W/O LATE AJAY KUMAR TRIPATHI

JUDGEMENT

(1.) This appeal is by the insurance company under Section 173 of the Motor Vehicles Act, 1988 against the award 27th January, 2014 passed by Motor Accident Claims Tribunal, Sarguja (Ambikapur) in Claim Case No.36/2010 awarding total compensation of Rs.55,89,400/- with interest @ 6% per annum from the date of application till realization, fastening liability on the non-applicant No.4/insurance company jointly and severally along with other non- applicants.

(2.) As per claim petition, on 26.10.2009, Dr. Ajay Kumar Tripathi, aged about 49 years, working as Sr. Scientist in Rajmohini Agriculture College and Research Center, Ajirma, Ambikapur, Distt. Sarguja, was returning from Raipur after attending some official function by Indigo Car bearing No. CG 04 HA 4933. However, on way as the said vehicle skidded on the sand, Dr. Ajay Kumar suffered grievous injuries and died on the spot itself. At the time of accident, the offending vehicle was duly insured with non-applicant No.4.

(3.) On claim petition being filed by the claimants, wife and children 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.