SUBHASH RAI Vs. SUSHIL VERMA

JUDGEMENT

(1.) The present is an appeal under Section 173 of the Motor Vehicles Act, 1988 preferred by the Claimants/Appellants, seeking enhancement of compensation awarded by the Additional Motor Accident Claims Tribunal, Bhanupratappur, District North Bastar Kanker (C.G.) vide award dated 23.08.2014 in Claim Case No. 99 of 2012.

(2.) The Appellants/Claimants, unfortunate husband and minor children of deceased- Kajal Rai, claimed compensation of Rs.20,75,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act, 1988 for death of Kajal Rai in the vehicular accident.

(3.) Brief facts of the case are that on 25.02.2012 when Claimant No.1- Subhash Rai and his wife deceased- Kajal Rai were coming from Dhamtari to Pakhanjore by their motorcycle Passion Pro bearing registration No. CG- 19/BA/2220, the offending vehicle Truck bearing registration No. CG- 17/H/1834 which was being driven by non-applicant No.l, owned by non- applicant No.2 and insured with non-applicant No.3, in a rash and negligent manner, dashed the motorcycle near Korr Chowk Main Road Charama. As a result thereof, Subhash Rai and Kajal Rai fell down on the road and head of Kajal Rai came into front and rear wheel of the Truck due to which Kajal Rai died on spot.