PARTH PRATEEM SAHU,J. - (1.)All the three appeals are arising out of award dated 09.12.2014 passed by the Additional Motor Accident Claims Tribunal, Kabirdham (Kawardha), Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Motor Accident Claim Case No.76 of 2014, hence, they are being disposed of by this common judgment.
(2.)Mac No.1388 of 2014 is filed by claimants challenging the finding recorded by learned Claims Tribunal with regard to contributory negligence to the extent of 50% on the part of deceased Makhanpuri Goswami and for enhancement of amount of compensation on the ground mentioned therein. MAC No.211 of 2015 is filed by Insurance Company challenging the direction issued to the Insurance Company to satisfy the amount of compensation and thereafter to recover the same from nonapplicant No.2-owner. MAC No.238 of 2015 is filed by owner of offending vehicle challenging the finding recorded by learned Claims Tribunal with regard to breach of policy conditions on account of driver of offending vehicle was not possessed with valid and effective driving licence on the date of accident.
(3.)Facts relevant for disposal of these appeals, are that, on 17.09.2013, at about 7.30 AM, Makhanpuri Goswami was going Lohara from Kawardha on motorcycle, when he reached near Vindhyavashini Temple at Lohara Road, non-applicant No.1 while driving Bus bearing No.CG-09/B/5007 (hereinafter referred to as 'offending vehicle') rashly and negligently dashed the motorcycle of Makhanpuri Goswami and caused accident. In the aforementioned accident, Makhanpuri Goswami suffered grievous injuries over his person. He was taken to Government Hospital, Kawardha where he was declared dead. The accident was reported to concerned Police Station, based on which, Crime No.338 of 2013 was registered against non-applicant No.1.