SUNITA GUPTA Vs. GURUSHARAN

JUDGEMENT

(1.) The appellant-claimant has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (henceforth "Act of 1988") challenging the impugned award dated 09-04-2014 passed in claim case no. 19/2011 by learned Motor Accident Claims Tribunal, Kabirdham (Kawardha) C.G. whereby learned Claims Tribunal dismissed the claim application.

(2.) Fact relevant for disposal of this appeal are that on 18-10-2009, Vijay Gupta alias Balaji Gupta (for short "Vijay Gupta") was traveling on Tata quails bearing registration no. CG15 4758 (hereinafter referred to as "offending vehicle") along with his friends and relatives and was returning from Bhoramdev Temple after visiting philosophical sites. When the vehicle reached near Chapri village, it met with an accident near Katgo turn and turned turtle. In the aforementioned accident, Vijay Gupta and other passengers suffered injuries. They were taken to Government hospital where doctor declared Vijay Gupta to be dead. The accident was reported to concerned police station based upon which crime was registered against the driver of the offending vehicle. But as the driver died on account of accidental injuries suffered by him, closure report was filed.

(3.) Claimants who are widow and minor son filed an application under Section 163A of the Act of 1988 pleading therein that late Vijay Gupta was doing the business of grains and Kirana trading and earning Rs. 2,50,000/- per annum. Claimants were dependents upon the income of the deceased.