Judgment on Board

02/11/2023

1. This appeal is by the claimants against the award dated 30.01.2021 passed by Additional Motor Accident Claims Tribunal, Pratappur, District Surajpur, C.G. in Motor Accident Claim Case No.20/2019, awarding total compensation of Rs.5,16,000/- with interest @ 6% per annum from the date of application till its realization, fastening liability on the Insurance Company, driver and owner jointly and severally. For the sake of convenience, the parties shall hereinafter be referred to as per their description before the Tribunal.

2. As per averments made in the claim petition, on 16.11.2018 at about 4:30 pm, deceased- Vikas Gupta, aged about 18 years, earning Rs.9,000/- per month by working as Khalasi / Helper in Balaji Poultry Farm, after loading chickens / Hen in vehicle 407 bearing registration No.CG15-DA-9816 (hereinafter referred as 'offending vehicle) was going from Orissa to Wadrafnagar in offending vehicle along with non-applicant No.1 Nohar Singh, driver of offending vehicle. However, on the way, non-applicant No.1/driver of the offending vehicle by driving the same in a rash and negligent manner, dashed the offending vehicle at the pole, as a result of