SANNI Vs. DRIVER, ARUN KUMAR

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred by Claimants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act of 1988) questioning the legality and propriety of the award dated 01.02.2013 passed by the Motor Accident Claims Tribunal, Bastar, place at Jagdalpur (C.G.) (hereinafter referred to as the Tribunal) in Claim Case No. 54/2011 whereby the learned Tribunal has dismissed the claim. The parties to this Appeal shall be referred hereinafter as per their description in the Court below.

(2.) Briefly stated the facts of the case are that on 12.05.2010 at about 8.00 pm, deceased Podiya was returning to his village Aadwal along with his friends Dhundhi, Shankar and Budhram after attending last rituals of his relative at Mawlibhatha. At the relevant time, he was hit vehemently by the offending vehicle "Truck" bearing its Registration No. C.G.-04- CR/3218, owned by Non-applicant No.2 - Smt. Malti Tiwari and was insured with Non-Applicant No.3 - Shri Ram General Insurance Company Limited. According to the claim petition, the vehicle in question was being driven rashly and negligently by its driver Arun Kumar, owing to which, it dashed the deceased when he was crossing the road. As a result of which, he sustained multiple injuries on different parts of his body, like legs, right shoulder and face etc. and was admitted immediately into the Hospital and expired subsequently at home on 02.06.2010. A report (Dehati Nalishi) (Ex.A-1) was lodged against the driver of the offending vehicle on 25.05.2010. Based upon which, an offence punishable under Sections 279 and 337 IPC has been registered against the driver of the offending vehicle in connection with Crime No.57/2010 and after investigating the matter, the concerned Investigating Officer has submitted his final report on 31.07.2010 before the Judicial Magistrate First Class, Jagdalpur, where it was registered as Criminal Case No. 251/2010, "State vs. Arun Kumar".

(3.) On account of the aforesaid accident, a claim enumerated under Section 166 of the Act of 1988 has been made by the claimants, who are the legal representatives of the deceased Podiya, claiming total amount of compensation to the tune of Rs.11,70,000/- under various heads by submitting, inter alia, that the deceased, a 38 years old, was an agriculturist and used to earn Rs.4,500/- per month.