CHANDRIKA RAJWADE Vs. MANMATIYA

JUDGEMENT

(1.) Appellants/Owner and driver of the offending vehicle have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act') challenging the award dated 29.08.2013 passed by the Additional Motor Accident Claims Tribunal, (FTC) Ambikapur District Surguja, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Motor Accident Claim Case No.13 of 2013 whereby learned Claims Tribunal allowed the claim application filed under Section 166 of the M.V. Act in part and awarded Rs.2,71,200/- as compensation in a fatal accident case.

(2.) Facts relevant for disposal of this appeal, are that, on 05.08.2009, Jeet Ram Rajwade was returning to his home from village Latori Trisect (T point round), at that relevant time, non-applicant No.2 while driving his motorcycle bearing No.CG-15/C/9234 (hereinafter referred to as "offending vehicle") rashly and negligently dashed Jeet Ram Rajwade and caused accident. In the aforementioned accident, Jeet Ram Rajwade died on spot.

(3.) Respondents No.1 to 7/claimants filed application under Section 166 of the M.V. Act seeking compensation of Rs.4,55,000/- pleading therein that on the date of accident deceased was earning Rs.3,500/- per month from his agricultural and the work of labourer.