RATNI BHATRA Vs. JERALED AGRAWAL

JUDGEMENT

(1.) Appellants-claimants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short "Act of 1988") challenging the impugned award dated 29.10.2013 passed by learned First Additional Motor Accident Claims Tribunal (F.T.C.) Jagdalpur, District Bastar in claim case no. 91/2009 whereby learned Claims Tribunal allowed the application filed under Section 166 of the Act of 1988 in part and awarded Rs. 3,93,000/- as total compensation.

(2.) Facts relevant for disposal of this appeal are that, on 04.05.2009, Mono alias Momo Bhatra and Gopinath along with other labourers namely Podiya, Lakhma and Jagra were working as loader (hamal) on a truck bearing registration no. CG 17GA 4500 (hereinafter referred to as "offending truck") owned by non-applicant 1. Gopinath along with others after loading cement, iron bars and other goods went to Gidam from Jagdalpur. After unloading the goods at its destination place, they were returning on offending truck. On the way, near Banjaringhat, NH-16, non- applicant 1 drove his offending truck rashly and negligently due to which it over-turned. In the said accident, occupants of the truck suffered grievous injury over their person. Gopinath was taken to Maharani Hospital, Jagdalpur where during the course of treatment he died.

(3.) Applicants who are widow and minor children of the deceased Gopinath filed an application under Section 166 of the Act of 1988 pleading therein that on the date of accident, deceased while working as loader on truck was earning Rs. 130/- per day, he was working for 26 days in a month and thereby earning Rs. 3,380/- per month. Applicants were dependents upon the deceased suffered monetary loss and claimed Rs. 16,48,400/- as total compensation.