SURENDRANATH SHRIVASTAVA Vs. NAVEEN KUMAR JAIN

JUDGEMENT

(1.) This is claimant's appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act') seeking enhancement of compensation awarded by the Additional Motor Accident Claims Tribunal, Bhanupratappur, District North Bastar, Kanker, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Claim Case No.38 of 2013 on 15.05.2015 whereby learned Claims Tribunal allowed the application filed under Section 163-A of M.V. Act in part and awarded Rs.2,84,000/- as compensation in a death case.

(2.) Facts of the case in nutshell, are that, on 08.03.2008, Smt. Sushila Shrivastava was travelling on a Jeep bearing No.CG-19/T/0448 (hereinafter referred to as 'offending vehicle') from Raipur to his house at village Karramad, when offending vehicle reached near village Balodgahan in between Dhamtari-Kanker road, it met with an accident with unknown Truck. Due to aforementioned accident, offending vehicle turned turtle and on account of which, driver of offending vehicle Kailash Jain, Smt. Sushila Shrivastava and Ramadhar died.

(3.) Appellant/Claimant, who is husband of deceased Smt. Sushila Shrivastava filed an application under Section 163-A of the M.V. Act before the learned Claims Tribunal seeking compensation of Rs.6,00,000/- pleading therein that on the date of accident, deceased was able-bodied woman, aged about 49 years and earning Rs.100/- per day from the work of stitching and embroidery and claimant was dependant upon the income of deceased (his wife).