Owner & Driver vs Claimants - 2011 Supreme(Online)(Chh) 76

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 Supreme(Online)(Chh) 76

CHHATTISGARH HIGH COURT
Rajeev Gupta, C. J., *Sunil Kumar Sinha, J.
Owner & Driver – Appellant
Versus
Claimants – Respondent

Advocates:
For the Appellants/Petitioners: Sanjay Agrawal
For the Respondents: Meena Shastri, Abhishek Sinha, S. K. Mishra

Table of Content
1. the claimants sought compensation for a child's death due to negligent driving. (Para 1 , 2 , 3)
2. parties presented arguments about negligence and compensation amount. (Para 4 , 5 , 6)
3. court upheld negligence findings and addressed insurance policy conditions. (Para 7 , 8 , 9 , 10 , 11)
4. the appeals were dismissed with parties bearing their own costs. (Para 12)

1. The appeals have been directed against the award dated 30th of April, 2001 passed in Claim Case No. 22/97 by the Member, Motor Accident Claims Tribunal, Jashpur.

2. M. A. No. 472/2001 has been filed by the owner & driver for setting aside the award against them and for holding the liability of the Insurance Company to pay compensation, if any, whereas, M. A. No. 627/2001 has been filed by the claimants for enhancement of compensation.

3. The facts, briefly stated, are as under : The claimants, unforutnate parents of deceased Sunil Kindo, a male child aged about 7 years, filed a Claim Petition u/S. 166 of the Motor Vehicles Act claiming compensation of Rs. 4,00,000/- for his death in the motor accident which took place on 28-10-1996 when the mini - bus, bearing registration No. MP 27/9495, ran over