Parth Prateem Sahu, J. - (1.) The instant appeal has been preferred by the appellant/Insurance Company challenging the impugned award dated 27.08.2012 passed by the First Additional Motor Accident Claims Tribunal, Surajpur (for short, 'the Tribunal'), in Claim Case- 38 of 2009, whereby and whereunder the learned Tribunal awarded total compensation of Rs.4,50,000/- in favour of respondents 1 to 9/claimants and fastened the liability for payment of compensation on the appellant/Insurance Company.
(2.) Brief facts of the case are, on 12.06.2009, Dilip Singh along with two pillion riders (his wife Smt Rajni Singh and deceased-Abdul Aziz) were travelling on a motor cycle bearing No.MP-A-50-6181 and were returning to their village Punga from Shahdol. When they reached near village Punga, at that relevant time, one ill-fated vehicle, Tata-407 bearing No.MP-18-H-1422 dashed the motor cycle due to which Abdul Aziz died as he was also one of the occupant on the motor cycle. On account of the death of Abdul Aziz, the claimants have filed claim application claiming Rs.27 lakhs as total compensation.
(3.) Learned counsel for respondent- 10, who is owner of Tata-407 has pleaded that the deceased was working as an employee in the shop. The accident occurred due to the negligence of driver of the motor cycle and not due to the driver of the Matador. She also pleaded that the Matador was insured with the appellant/Company- Bajaj Allianz General Insurance Company Limited (for short, 'the Insurance Company') and on the date of the accident, the driver of the vehicle was having a valid driving licence with him and on account of this, learned counsel for respondent- 10 pleaded for dismissal of the claim.;