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2019 Supreme(Online)(Chh) 421

CHHATTISGARH HIGH COURT
Goutam Bhaduri, J
Claimants – Appellant
Versus
Reliance General Insurance Co. Ltd. – Respondent


Advocates:
For the Appellants/Petitioners: [Names]
For the Respondents: [Names]

1. The present two appeals under S.173 of the Motor Vehicles Act, 1988, arise out of the same award dated 28.6.2010 passed by the Additional Motor Accidents Claims Tribunal, Jashpur, in Claim Case No. 20 of 2007.

2. Vide the impugned award dated 28.6.2010, the Tribunal, in a proceeding under S.166 of the Motor Vehicles Act, has awarded a compensation of Rs. 15,60,580 to the claimants along with interest thereon at the rate of 4 per cent per annum from the date of filing of claim application, fastening the liability for payment of the same jointly and severally upon the driver, owner and insurer of the offending vehicle.

3. MA (C) No. 1000 of 2010 is an appeal preferred by the claimants seeking enhancement of the compensation awarded by the Tribunal, whereas MA (C) No. 1088 of 2010 is an appeal filed by the insurance company assailing the quantum part as well as liability assessed by the Tribunal.

4. It is a case where on 29.8.2007 the deceased Lusia Tirkey sustained grievous injuries and later on succumbed to the injuries, on account of a vehicular accident by truck No. WB 23 - B 3038 which was driven by Santosh Sarkar, owned by Raj Mohan Prasad Kushwaha and insured with Reliance Gene










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