Judgment on Board

27.03.2025

1. The Miscellaneous Appeal has been preferred by the Claimant/appellant under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act of 1988') questioning the legality and propriety of the award dated 20.07.2018 passed by the learned Second Additional Motor Accident Claims Tribunal, Rajnandgaon, District- Rajnandgaon (C.G.) in Claim Case No. 41/2017, whereby the learned Tribunal while allowing the claim in part has awarded the total amount of compensation to the tune of Rs. 8,36,900/- with interest @ 6% per annum from the date of application till realization, fastening liability on the respondent No. 3/Insurance company.

2. Briefly stated facts of the case are that on 16.12.2016, the claimant was traveling from his home Village- Revagram to Tumdilewa along with other persons for his family work, in between, on the way of Kairagarh to Rajnandgaon at Village- Padumtara, in front of Gangai Gas Godam, they stopped their Motorcycle Bearing No. CG-08-V-1333 for attending natural call, at about 12.05 pm their said motorcycle and they were strongly dashed by offending vehicle Fiat Car Bearing Registration No. CG-07-M-3980 which was com