IMPORTANT POINT
The judgment establishes the principle that insurance companies must prove breach of policy conditions and its fundamental contribution to the accident to avoid liability under the Motor Vehicles Act and Section 304-A of the IPC.

JUDGMENT ON BOARD :

1. Since both the appeals filed by the different claimants arise out of same accident that took place on 20.10.2015, therefore, they are being heard together and disposed of by this common judgment.

2. As per averments made in the claim petition filed by the Smt. Bhaktin Bai, claimant in MACT No.540/2017, on 20.10.2015, when deceased- Rohit Kumar Sonwani was going towards Ratanpur on his pulsar motorcycle bearing registration No.CG28-9554 (hereafter called as 'pulsar bike'). However, on the way, when he reached near Kanan Pindari, at that time, Sanjay Sooryavanshi/non-applicant No.1 by driving TVS moped bearing registration No.CG10-Y-0756 (hereinafter referred to as ‘offending vehicle TVS moped’) in a rash and negligent manner, came from opposite side and dashed against the pulsar bike of Rohit Kumar Sonwani, as a result of which, deceased-Rohit Kumar Sonwani sustained grievous injuries over his body and succumbed to the same. At the time of accident, the offending vehicle TVS moped was insured with non-applicant No.2 Bharti Axa Insurance Company Limited.

3. As per averments made in the claim petition filed by the Sanjay Sooryavanshi, claimant, in MACT No.564/2016, on 20.10.2015, when claimant-Sanjay Sooryavanshi, after completing his work was going towards his village Pendri via Bilaspur, Takhatpur, Main Road, on offending vehicle TVS moped and suddenly his mobile phone rang, then he stopped the offending vehicle TVS moped and was talking on the side of road, at that time, driver of the pulsar bike (deceased-Rohit Sonwani) by driving the same in a rash and negligent manner, dashed the offending vehicle TVS moped from back side, as a result of which, he sustained grievous injuries over his body, due to said injuries, he was admitted in CIMS Hospital, Bilaspur and thereafter, he was referred to Mundra Hospital, Bilaspur for better treatment where he remained from 21.10.2015 till 24.10.2015. In the said accident, the driver of pulsar bike (Rohit Kumar Sonwani) has died. At the time of accident, the pulsar bike was insured with non-applicant No.1 i.e. Bajaj Alliance General Insurance Company Limited and non-applicant No.2 has been arrayed as legal heirs of deceased-Rohit Kumar Sonwani.

4. On account of death of deceased-Rohit Kumar Sonwani, a claim petition (MACT No.540/2017) was filed by the claimant under Section 166 of the Motor Vehicles Act seeking compensation to the tune of Rs.22,70,000/- inter alia pleading that at the time of accident, deceased- Rohit Kumar Sonwani was aged about 19 years and was earning Rs.10,000/- per month by working as driver. The said claim petition was registered as MACT No.540/2017, in which, vide impugned award dated 07.03.2019, learned 6th Additional Motor Accident Claims Tribunal, Bilaspur, after considering the evidence available on record, awarded a compensation of Rs.9,77,200/- to the claimant with interest at the rate of 7.5% per annum from the date of application till its realization and fastened the liability upon the non- applicant No.1 i.e. Sanjay Sooryavanshi, driver and owner of the offending vehicle TVS moped while exonerating non-applicant No.2/Insurance Company-Bhartiya Axa Insurance Company Ltd. Hence, the claimant preferred an appeal seeking enhancement of compensation as well as fastening liability upon the Insurance Company.

5. Similarly, on account of injuries sustained by the claimant-Sanjay Sooryavanshi in the same accident, a claim petition (MACT No.564/2016) was filed by him under Section 166 of the Motor Vehicles Act seeking compensation to the tune of Rs.35,00,000/- inter alia pleading that at the time of accident, injured-Sanjay Sooryavanshi was aged about 22 years and was earning Rs.10-12,000/- per month by working in H.P. Gas Company, Bilaspur. The said claim petition was registered as MACT No.564/2016, in which, vide impugned award dated 17.05.2019, learned 6th Additional Motor Accident Claims Tribunal, Bilaspur, after considering the evidence available