CAV Judgment

Since both these appeals arise out of the award dated 21.10.2016 passed by Additional Motor Accident Claims Tribunal, Raipur (in short “the Tribunal”) in MACT No. 56/2012, they are being disposed of by this common judgment. By the impugned award, the Tribunal awarded a total compensation of Rs.15,92,424/- with interest @ 7.5% per annum from the date of application till realization, fastening liability on the non-applicant No.3/insurance company jointly and severally along with non-applicant No.1/driver and non-applicant No.2/owner.

02. As per claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (in short “the Act of 1988”), on 13.11.2008 at about 5.30 am Gurudayal Sahu was going from Village-Aaurethi to SKS Steel Pvt. Ltd. Company, Siltara on a motorcycle in connection with his work. However, near village Bhumiya main road, non-applicant No.1 Khurshid Khan driving the vehicle Bus bearing registration No. CG 04 E 1536 (hereinafter referred to as “the offending vehicle”) in a rash and negligent manner dashed his motorcycle from behind as a result of which Gurudayal Sahu s