ORIENTAL INSURANCE CO LTD Vs. GOURI GUPTA

JUDGEMENT

(1.) All the respondents except the driver i.e., respondent no. 7 have been served. Therefore, service of respondent no. 7 is dispensed with. This appeal has been filed by the Insurance Company against the impugned award dated 30-3-2007 passed by the 1st Additional Motor Accident Claims Tribunal, Ambikapur, District Sarguja in Claim Case No. 48/2008 in so far as it relates to quantum part only.

(2.) Brief facts of the case as per the version of the claimants are that on 21-4-2005 deceased Rajeshwar Prasad Gupta was going to village Baraili from Ambikapur by riding Hero Honda Motorbike bearing Regn. No. C.G. 15-ZH/9513 (Old No. 27-D/9618) for attending his duty. At about 7.15 a.m., on the Main road of village Chaindra, a Truck bearing Regn. No. ZC/0757 which was being driven by respondent no. 7 in rash and negligent manner dashed the motorcycle, due to which, Rajeshwar Prasad sustained grievous injuries and died in hospital during the course of treatment.

(3.) Learned counsel for the appellant has argued that the application under section 170 of the MVA was filed but the same remained undecided. Therefore, he has prayed for remitting the matter to the Claims Tribunal for decision of the application u/s. 170 of the MVA.