NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MAC No. 1765 of 2016

1. Smt. Punam Pandey Wd/o Late Purnanand Pandey, Aged About 49 Years R/o Sundar Nagar Bemetara, District Bemetara, Chhattisgarh, Chhattisgarh

2. Smt. Premin Bai (Wrongly Mentioned As Pramila Bai) wd/o Late Ishwari Prasad Pandey, Aged About 86 Years, R/o Village Godikala, Post Korakampa, Tehsil Nawagarh, District Bemetara, Chhattisgarh .

(Claimants)

---- Petitioner Versus

1. Ravi S/o Ramsohagi Sahu, Aged About 23 Years R/o Village Post Nandini Kundani, Police Station Nandani, District Durg, Chhattisgarh (Tipper No. C.G.-7749 Driver, Chhattisgarh)

2. Ishwar S/o Ramu Sahu, R/o Village Post Nandini Kundani, Police Station Nandini, District Durg, Chhattisgarh (Tipper No. C.G.-7749 Owner, District : Durg, Chhattisgarh)

3. United India Insurance Company, Paras Complex Opposite S.B.I.

Gurudwara Station Road Durg, District Durg, Chhattisgarh (Tipper No. C.G.-7749 Insurer, District : Durg, Chhattisgarh)

---- Respondents.

With MAC No. 25 of 2017 Ishwar S/o Shri Ramu Sahu, Aged About 40 Years R/o Village Post-

Nandini Khindini, Thana- Nandini, District Durg, Chhattisgarh (Owner Of Tipper No. C.G./06/7749, Chhattisgarh)

---- Appellant.

Versus

1. Smt. Poonam Pandey Wd/o Late Shri Purnand Pandey, Aged About

49 Years R/o Sundar Nagar, Bemetara, Post And Tahsil- Bemetara, Thana and District Bemetara, Chhattisgarh (Applicant No.1)

2. Smt. Pramila Bai Wd/o Late Shri Ishwari Prasad Pandey, Aged About

82 Years R/o Village- Godhikala, Post- Kaurakapa, Tahsil And Thana- Nawagarh, District Bemetara, Chhattisgarh (Applicant No.2)

3. Ravi S/o Shri Ramsohagi Sahu, Aged About 23 Years R/o Village Post Nandini Khindini, Thana Nandini, District Durg, Chhattisgarh (Driver Of Tipper No. C.G./06/7749, District : Durg, Chhattisgarh)

(Non-applicant No.1)

4. United India Insurance Company, Paras Complex Opposite S.B.I.

Gurudwara Station Road Durg, District Durg, Chhattisgarh (Insurer Of Tipper No. C.G./06/7749, District : Durg, Chhattisgarh)

(Non-applicant No.2)

--- Respondents.

(Cause title downloaded from CIS periphery)

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MAC (C) No.1765/2016 For Petitioners : Mr. Amit Kumar Sahu, Advocate For Res No.3 : Mr. Dashrath Gupta, Advocate.

Insurance Company For Res No.2 : Mr. Jitendra Dhruv on behalf of Mr. R.K.

Bhagat, Advocate.

MAC (C) No.25/2017 For Petitioner : Mr. Jitendra Dhruv on behalf of Mr. R.K.

Bhagat, Advocate.

For Res Nos.1&2 : Mr. Amit Kumar Sahu, Advocate For Res No.4 : Mr. Dashrath Gupta, Advocate.

Insurance Company -------------------------------------------------------------------------------------------------------

Hon'ble Shri Justice Deepak Kumar Tiwari

Order On Board

22.03.2024

1. Since both the appeals arise out of same accident and against the same award, they are being disposed of by this common order.

2. These appeals have been filed challenging the award dated 09.11.2016 passed by the learned Additional Motor Accident Claims Tribunal, Bemetara in Claim Case No.41/2016, whereby, the Tribunal, partly allowed the claim case and awarded compensation to the claimants (Petitioners in MAC No.1765/2016) to the tune of Rs.39,59,864/- with interest @ 6 % per annum from date of application i.e. 17.06.2015 and fastened liability on the owner of the vehicle, namely, Ishwar to satisfy the amount of compensation and exonerated the Insurance Company from its liability.

3. Facts of the case, in short, is that on 25.03.2015 deceased Purnanand Pandey, working as Lecturer, was going on his motorcycle bearing CG 07 LY -6311 towards Patan. When he reached near Ahiwara Berla, Village Semariya, a Truck Tipper bearing Registration No.CG06-7749, which was being driven its driver, namely, Ravi in a rash and negligent manner, turned turtled and smashed the deceased, as a result of which, he died. At the relevant period of time, the deceased was aged about 52 years and earning Rs.50,526/- per month. Upon receipt of the report, Police Station Nandniya