DAINI VISHWAKARMA Vs. TARA SINGH YADAV

JUDGEMENT

(1.) Appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') seeking enhancement of compensation awarded by learned Second Additional Motor Accident Claims Tribunal, Balod, Distt Balod, (CG) (for short, 'the Tribunal) vide award dated 02.07.2013 passed in Claim Case No.256/2011, whereby the Tribunal partly allowed application filed under Section 166 of the Act of 1988 by claimants and awarded total compensation of Rs.7,00,000/- in a death case.

(2.) Facts relevant for disposal of this appeal are that on 07.01.2009, deceased -Rakesh Kumar Vishwakarma alongwith his brother and other persons were coming to village -Parsoda from village -Tuman in a Jeep. At about 8 A.M, when they reached near Kharron River at village -Melnadih, deceased came out of the Jeep and stood up on the side to answer nature call. While deceased was answering nature call on the side of road, one Truck-Trailer bearing registration No.HR/8239, (for short, 'offending vehicle'), driven by non-applicant No.1 rashly and negligently, dashed him, as a result, he sustained grievous injuries and died on spot. Accident was reported to P.S -Ratanpur, Distt. Bilaspur based upon which crime bearing No.10/2009 was registered against non-applicant No.1.

(3.) Appellants/claimants, who are widow, children and parents of deceased, filed an application under Section 166 of the Act of 1988 seeking compensation of Rs.30,00,000/- on the ground that on the date of accident, deceased was Director/Secretary-cum-owner of Saraswati Gyan Deep School, Aarang, Saraswati Gyan Deep School, Gullu and Saraswati Gyan Deep School, Samoda and earning Rs.20,000/- per month.