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PARTH PRATEEM SAHU
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED – Appellant
Versus
ITWARA BAI – Respondent


Advocates Appeared:
Shri Ghanshyam Patel, Advocate, for the Appellant; None appears, for the Respondent

JUDGMENT :

Parth Prateem Sahu, J. - Appellant/Insurance Company assailed the impugned award dated 03.02.2014 passed by learned Motor Accident Claims Tribunal (for short, 'Claims Tribunal'), Bilaspur in Claim Case No.378 of 2009, wherein learned Claims Tribunal awarded a total sum of Rs. 4,17,500/- as compensation in a death case.

2. Brief facts for disposal of this appeal are that on 28.06.2009 deceased Krishna Kumar was driving a tractor bearing No.CG10-A-5654 (offending vehicle) and was going towards Seepat. At that relevant time, near Nargoda turning, one motor cycle suddenly came in front of his tractor and while saving the motorcyclist from accident, tractor turned turtle due to which Krishna Kumar died.

3. The claimants who are unfortunate wife and parents of deceased Krishna Kumar have filed claim application under Section 163A of Motor Vehicle Act, 1988 (for short, 'the Act') claiming total sum of compensation of Rs. 8,08,000/- against the owner and insurer of offending vehicle. The grounds mentioned in the claim application are that the deceased was working as driver of tractor and on the date of accident he was earning Rs. 3,000/-per month. The claimants were dependant on hi

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