Order On Board

24/03/2025

1. There is no representation on behalf of Resp. No. 1 and 2, though served.

2. The liability to satisfy the impugned award is upon Respondent No. 1 to 3 jointly and severally.

3. With the consent of the parties, matter is heard finally.

4. Challenge in this appeal is to the award dated 23.12.2019 passed by Learned First Additional Motor Accident Claims Tribunal, Durg, District Durg, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 235/2018, whereby learned Claims Tribunal allowed the application filed under Section 166 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) in part and awarded total sum of Rs. 39,91,295/- as compensation in death case.

5. Fact of the case relevant for disposal of this appeal are that on 08.09.2017 at about 3.00 pm Shahnawaz Alam (now deceased) was riding as pillion rider on motorcycle of Vinay Kumar Umre's (deceased) bearing registration number CG 07-LK-2300. When they reached near the Government Post Matric Scheduled Tribe Hostel located at Sirnabhatha, District Durg, Respondent No. 1-driver of truck number CG 08-B-1155 (offending vehicle), driving his vehicle rashly and negligently, came to the wrong direction