Pritinker Diwaker, J.

1. This is owner's appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 29th June, 2010 passed by 11th Motor Accident Claims Tribunal (FTC), Durg (in short "the Tribunal") in Claim Case No. 96/2008 awarding compensation of Rs. 2.89 lacs in favour of the claimants for the death of Ishulal. In this appeal, the appellant/owner has challenged the liability fastened upon him and exoneration of the insurance company by the impugned award.

2. Brief facts of the case are that on 16.4.2008 when Ishulal was riding his motorcycle along with one Chintaram Sahu, his motorcycle was dashed by a Matador Eicher bearing registration No. C.G.04-J/3106 (hereinafter referred to as "offending vehicle") resulting in number of injuries to Ishulal which ultimately led to his death on 27.4.2008 in hospital while he was undergoing treatment.

3. In a claim case filed by the claimants, who are widow and children of the deceased, the Tribunal by the impugned awarded granted a total compensation of Rs. 2.89 lacs fastening the liability, jointly and severely, upon the appellant/owner and driver/non-applicant No. 1, while exonerating the insurance company/r