SANJAY KUMAR JAISWAL
New India Assurance (Insurance) Company Ltd. , Through Authorised Signatory – Appellant
Versus
Kuldeep Ekka, S/o. Late Rati Ram – Respondent
JUDGMENT :
1. This appeal has been filed under section 173 of the Motor Vehicles Act, 1988, challenging the award dated 04.03.2015 passed by the learned Motor Accident Claims Tribunal, Jashpur, District-Jashpur, Chhattisgarh in Motor Accident Claim No.31/2014 (“Kuldeep Ekka & Others vs. Kailash Yadav & Others”).
2. Brief facts of the case are that on 02.05.2014, 24-year-old Raili Ekka along with his friend was going to Charaidand on a motorcycle at that time respondent No. 8 Baleshwar Ram Yadav was driving a pick-up bearing registration No. JH-07-C-8696 (offending vehicle) in a rash and negligent manner and dashed the motorcycle of Raili Ekka due to which he sustained grievous injuries and died. His legal heirs, who are respondents No. 1 to 6, filed a claim application under section 166 of the Motor Vehicles Act, 1988 against the driver (Baleshwar Ram Yadav) of the offending vehicle, registered owner/respondent No. 7 (Kailash Yadav) and the appellant (insurance company) on which after due proceedings, the Tribunal passed an award of Rs. 45,92,880/- in favour of the legal heirs of the deceased. The appellant was found to be the insurer of the offending vehicle and was held liable to
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