REKHA SINH Vs. SHIVMURTI

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred by the Claimants under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988) questioning the legality and propriety of the award dated 27.01.2015 passed by the 2nd Additional Motor Accidents Claims Tribunal, Raipur (CG) (for short 'the Tribunal') in Claim Case No.58/2012 whereby, the Tribunal, while allowing the claim in part, has awarded a total amount of compensation to the tune of Rs.5,80,000/- with interest @ 6% per annum from the date of filing of the claim Petition till the date of actual payment. The parties to this Appeal shall be referred hereinafter as per their description in the Tribunal.

(2.) Briefly stated, the facts of the case are that on 08.01.2011 at about 03.15 p.m, the deceased Vipul Sinh was returning home by his motorcycle. At the relevant time, he was hit vehemently by the offending vehicle "truck" bearing Registration No.CG 07 ZC 0512, owned by Non-applicant No.2- Ajay Kumar and insured with Non-Applicant No.3-Shri Ram General Insurance Company Limited, which was being driven in a rash and negligent manner by its driver, Non-Applicant No.1-Shivmurti. Owing to the alleged accident, the deceased fell down and sustained serious injuries and died on the spot. A criminal case was registered against the driver of the alleged offending vehicle under Section 304-A IPC in connection with Crime No.12/11 and a charge sheet was thereafter submitted before the Judicial Magistrate First Class, Raipur.

(3.) On account of the aforesaid accident, the Claimants being the legal representatives of the deceased, filed a Claim Petition under Section 166 of the Act of 1988 wherein, it has been alleged that the deceased, a 32 year old, was a grocery shop keeper apart from running the STD/PCO and used to earn Rs.10,000/- per month and therefore, they have claimed total amount of compensation to the tune of Rs.17,88,000/- under various heads.