Order On Board

11/01/2024 With the consent of the parties, the matter is heard finally.

The appellant/insurance Company has filed this appeal under Section 173 of the Motor Vehicles Act (for short “MV Act”), 1988 challenging the award dated 31.01.2019 passed in Motor Accident Claims Case No. 599/2016 by First Additional Motor Accident Claims Tribunal, Durg (CG) by which the learned Tribunal has awarded Rs. 2,85,000/- as compensation in favour of respondent No.1 to 3/claimants on account of death of the deceased Ayush aged about 3 years in an accident that took place on 27.05.2016 at 14.00 hrs. on account of rash and negligent driving of Hyva truck bearing No. CG 13A-9386 by respondent No.4/driver owned by respondent No.5./owner and insured with the Insurance Company/appellant.

2.. The respondents No. 1 to 3/claimants filed application under Section 166 of the Motor Vehicles Act claiming total compensation of Rs. 21,50,000- on account of death of deceased Ayush. The claim application was resisted by the respondents-driver, owner and the insurance company on various grounds including the insurance company taking a plea that the driver of the offending vehicle was not holding valid and