SUNITA AND ANOTHER Vs. ANIL KUMAR AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by the claimants against the award dated 11.10.2004 passed by the IV Addl. Motor Accident Claims Tribunal (F.T.C), Raigarh, (C.G) in Claim Case No.29/2002 dismissing the claim of the appellants.

(2.) Brief facts of the case as per the version of the claimants are that appellant no.1 Sunita is wife and appellant No.2 Rajkumari is sister of the deceased. On 20.06.1997, the deceased was driving the Vehicle bearing Regn.No. M.P. 26-W/1136, which met with an accident, as a result of which, he died. According to the claimants, respondent no.1 Anil Kumar was the owner of the said vehicle as he obtained it on Supardnama. At the time of accident, the deceased was aged about 28 years and he was working in Hindustan Fabrications at Gopi Talkies, Raigarh which belongs to one Amarnath, father of respondent no.1 Anil Kumar. He was earning Rs. 3800/- per month. The claimants being dependents of the deceased have filed claim petition for the award to the tune of Rs. 15,30,000/- as compensation on various heads.

(3.) Respondent no.1 in his written statement admitted that the deceased was driver of the offending vehicle. Respondent no.2/Insurance Company has also admitted in its written statement that the offending vehicle was insured with them and the said vehicle has met with accident due to negligence of the deceased.