P.SAM KOSHY
Rameshwar Kaushik – Appellant
Versus
Pramila Bai Loniya – Respondent
P. Sam Koshy, J.
1. The instant Appeal has been preferred by the Appellants, under Section 173 of the Motor Vehicles Act, 1988 (for short, "the Act"), against the Award dated 7.7.2008 passed by 9th Additional Motor Accident Claims Tribunal (F.T.C.), Bilaspur (for short, "the Tribunal") in Claim Case No. 23/2008, whereby the liability to pay the amount of compensation has been fastened upon the Appellants. The Appellants are the driver and owners respectively of the tractor-trolley involved in the accident, bearing Registration No. CG10-D/1474 (Tractor) and CG10-A/1484 (Trolley). Respondents Nos. 1 to 3 are the Claimants being the wife and children of Vinod Kumar Loniya (the deceased). Respondent No. 4-Oriental Insurance Co. Ltd., was the insurer of the said Tractor-Trolley at the relevant point of time. Respondents Nos. 5 to 13 are mother, father, brothers and sisters respectively of the deceased Vinod Kumar Loniya.
2. Facts leading to the filing of the instant Appeal are that Respondents Nos. 1 to 3/Claimants had filed a claim application under Section 163-A of the Act before the Tribunal seeking for compensation for the accidental death of the deceased. The contention of the C
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