RADHAKISHAN AGRAWAL
Sunita, Wd/o Shri Kishor Motwani – Appellant
Versus
Kesh Kumar, S/o Ramdas – Respondent
JUDGMENT :
1. This appeal is by the claimants against the award dated 23.07.2015 passed by the Additional Motor Accident Claims Tribunal (F.T.C.) Dhamtari, C.G. in Claim Case No.155/2013, awarding total compensation of Rs.28,70,000/- with interest @ 6% per annum from the date of application till realization while fastening liability on the Insurance Company/non-applicant No.3.
2. Respondent No.3/Insurance Company has also filed cross objection under Order 41 Rule 22 of CPC challenging quantum of compensation.
3. As per averments made in the claim petition, on 01.07.2013, deceased- Kishor Motwani, aged about 39 years and being proprietor of Nav Bharat Steel was earning Rs.2,83,500/- per annum, died in the motor vehicular accident caused due to rash and negligent driving of Truck bearing registration No.CG05-B/8892 (hereinafter referred as 'offending vehicle') by non-applicant no.1/driver of offending vehicle- Kesh Kumar. At the time of accident, the offending vehicle was owned by non-applicant No.2-Jagjivan Singh and insured by Non-applicant No.3.
4. On claim petition being filed by the claimants under Section 166 of the Motor Vehicles Act seeking compensation to the tune of Rs.75,55,00
National Insurance Company Limited vs Pranay Sethi and others
Smt. Sarla Verma and others VS. Delhi Transport Corporation and another
Sushma H.R. and Anr. Vs Deepak Kumar Jha and Others reported in 2022 (4) T.A.C. 422 (SC)
V. Subbulakshmi & Ors. Vs S. Lakshmi & Anr. reported in AIR 2008 SC 1256
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