HEMLAL SAHU Vs. DAYARAM @ DIYAL SHORI

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 28.10.2014 passed by the Motor Accident Claims Tribunal, North Bastar Place Kanker in Claim Case No.72/2013, whereby, the learned Tribunal while allowing the claim in part, has awarded a total amount of compensation to the tune of Rs.1,20,500/- (Rupees One Lakh Twenty Thousand And Five Hundred Only) 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 Tribunal.

(2.) Briefly stated, the facts of the case are that on 01.05.2013, deceased Omprakash Sahu, was going by a motorcycle along with his friend Abhishek Chandel to village Aturgaon. At the relevant time, he was hit vehemently from its opposite side by the offending vehicle 'Tata Magic', owing to the rash and negligent driving by its driver, namely, Dayaram @ Diyal Shori/Non-Applicant No.1. It was owned by Non-Applicant No.2/Mohd. Ikbal and was insured with Non-Applicant No.3/ICICI Lombard General Insurance Company Limited. As a result of the alleged accident, the deceased sustained serious multiple injuries and died on the same day in hospital during the course of his treatment. The matter was reported to the Police Station Kanker and based upon which, the offence punishable under Sections 279 and 337 of I.P.C. was registered against the driver of the alleged offending vehicle in connection with Crime No.108/13 and after its investigation, the charge sheet was submitted before the Chief Judicial Magistrate, Kanker, while registering the offence punishable under Sections 279, 337 and 304-A of I.P.C. along with under Section 39/192 of the Act of 1988.

(3.) On account of the aforesaid accident, a Claim enumerated under Section 166 of the Act was made by the Claimants, who are parents of the deceased, submitting inter alia that their son, 18 years old, was a labourer and used to earn Rs.4,500/- per month and, thus, claimed total amount of compensation of Rs.7,78,000/-, under various heads.