USHA BAI Vs. NEERAJ

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred by the 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 02.09.2015 passed by the Chief Motor Accident Claims Tribunal, Dhamtari (C.G.) in Claim Case No.17/2015, whereby the learned Tribunal while allowing the claim in part has awarded the total amount of compensation to the tune of Rs.3,71,000/- with 6% interest 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 Claims Tribunal.

(2.) Briefly stated the facts of the case are that on 27.05.2014 at about 11:30 pm, the deceased Budhram was returning to his village Demar from the village Sehradabri by his motorcycle and as soon as when he reached near the Rajdhani Rice Mill, he was hit vehemently from his back side by the offending vehicle 'Truck' bearing Registration No.CG-05-A-2331 owned by Non-Applicant No.2/Jagjeevan Singh and was insured with Non-Applicant No.3/The Oriental Insurance Company Limited. The alleged accident occurred due to the rash and negligent driving of its driver namely Neeraj/Non-Applicant No.1, owing to which, the deceased sustained multiple serious injuries and was admitted into the District Hospital at Dhamtari but was declared there to be brought dead. A criminal case was, therefore, registered against the driver of the alleged offending vehicle in connection with Crime No.168/2014 and the charge-sheet was submitted after its investigation before the Judicial Magistrate First Class, Dhamtari with regard to the offence punishable under Sections 279 & 304-A of Indian Penal Code, 1860.

(3.) On account of the aforesaid accident, the claimants, who are two widows and minors of the deceased Budhram, instituted a claim petition enumerated under Section 166 of the Act of 1988 by submitting inter alia that the deceased, a 45 years old, was working as a 'Brick-Maker' apart from his agricultural work and used to earn Rs.11,000/- per month and, thus, total amount of compensation to the tune of Rs.32,00,000/- has been claimed under various heads.