CAV Judgment

1.

Challenging the award dated 28/02/2018 passed by the Additional Motor Accident Claims Tribunal, Gariyaband (CG) in claim case No.14/2015, the appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘M.V.Act’) on account of death of their son Rajeev @ Raja Sharma in an accident that occurred on 19/12/2014 by rash and negligent driving of the offending vehicle (Truck) bearing registration No.CG-04-J-2247 driven by respondent No.1, owned by respondent no.2 and insured with respondent No.3.

2.

As per claim application, the deceased was working as Finance and Retail Officer at Sonalika Tractors, Krishna Tractors in a truck and was earning Rs.12,000/- from his job and Rs.6,000/- as commission, total Rs.18,000/- per month, therefore, total compensation of Rs.48,40,000/- was claimed. The claim application was resisted by respondents 1 and 2 on various grounds and Respondent No.3 / insurance company took a plea that the accident occurred due to rash and negligent driving of the motor cycle by the deceased himself. The deceased and his friend were drunk. Therefore, the insurance company is not liable to pay compensation.

3.

On the b