NARSINGH BARETH Vs. PARVATI DEVI

JUDGEMENT

(1.) Owner-cum-Driver of offending vehicle (Motorcycle) has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 challenging the impugned award dated 02.08.2014 passed by the Second Additional Motor Accidents Claims Tribunal, Sakti, District Janjgir-Champa (for short, 'Claims Tribunal') in Claim Case-24 of 2013 whereby learned Claims Tribunal allowed the claim application in part and awarded Rs.4,30,000/-as compensation in a death case.

(2.) Facts relevant for disposal of this appeal are that on 03.05.2013 at about 9 am, when Dileep was travelling on Motorcycle and reached near village Thoothi, appellant/NA while driving his Motorcycle rashly and negligently with high speed, came from the opposite direction and dashed Motorcycle driven by Dileep. In the said accident, Dileep suffered grievous injuries, he was taken to the hospital at Jaijaipur, from where, he was referred to District Hospital, Janjgir-Champa. During the course of treatment, Dileep succumbed to the injuries. The accident was reported to concerned Police Station, based upon which, Crime No.118 of 2013 was registered against the appellant/NA for offence punishable under Section 304 A of IPC.

(3.) Respondents/Claimants, who are widow and children of deceased-Dileep filed an application under Section 166 of Motor Vehicle Act, 1988 seeking compensation of Rs.70,40,000/- pleading therein that on the date of accident, deceased was aged about 32 years, earning Rs.15,000/- per month form the work of Mason and they were dependant upon income of the deceased.