PARAS RAM DHRUV Vs. MANTORA BAI

JUDGEMENT

(1.) This appeal has been filed against the impugned award dated 19.11.2004 passed by the II Motor Accident Claims Tribunal Baloda Bazar, District Raipur (C.G) in Claim Case No. 1 1/2003 whereby the Tribunal has imposed the liability of payment of compensation on the appellants whereas the case of the applicants before the Tribunal was that non-applicant no. 2 i.e., Khulu Ram Dewangan was the owner of the vehicle which was involved in the accident.

(2.) The brief facts of the case as per the version of claimants are that on 07.01.2003 at about 9.30 a.m., Janakram Dhruv and deceased Bhikham were going by their cycles from the house of Sukhram Nirmalkar for purchasing the Gutka. At that time Tractor old No. 4687, new no. C,G,04-D/2346 and Trolly Chassis No. A.E.0266 Trolly No. C.P.L. 6237 which was being driven by non-applicant no. 1 Paras Ram Dhruv rashly and negligently and was coming towards village Surkhi from Bhatapara dashed Bikhram Dhruv in front of house of Durdeshi Yadav on Bhatapara-Mopka road as a result of which Bhikham Dhruv sustained serious injuries and he died on the spot. The claimants made claim to the tune of Rs.10 lakhs on different heads. The Claims Tribunal after hearing the counsel for the parties and having considered the material on record awarded the total compensation of Rs.3,39,564/- which the claimants are entitled to receive from respondent no. 2.

(3.) We have heard learned counsel for the parties and have also perused the records of the Tribunal.