NAGINA DEVI Vs. MD. DASTGIR,

JUDGEMENT

(1.) Appellants/claimants have preferred this appeal under Section 173 of Motor Vehicles Act, 1988 seeking enhancement of amount of compensation awarded by the Additional Motor Accidents Claims Tribunal, Jashpur (for short,'Claims Tribunal') in Claim Case-2 of 2014 challenging the award dated 17.03.2015 whereby learned Claims Tribunal allowed the application under Section 166 of the Act of 1988 and awarded Rs.8,29,049/- as compensation in a fatal accident case.

(2.) Facts relevant for disposal of this appeal are that on 10.02.2013, Shravan Kumar Singh (since deceased) was driving Truck bearing No.CG04JA8806 and coming towards Jashpur, while so, when he reached near village Dumarbahar, at about 4 pm, one another Truck bearing No. CG04 JB 2537 (hereafter, referred to as offending vehicle) driven by NA1 rashly and negligently, dashed the truck driven by Shravan Kumar Singh and caused accident. In the said accident, Shravan Kumar Singh suffered grievous injuries over his person; he was taken to Community Health Centre, Pathalgaon, from where he was taken to RIMS Hospital at Ranchi. He took treatment as In-patient at Ranchi till 18.02.2013. Looking to the serious condition of Shravan Kumar Singh, it was decided to shift the injured to Patna. During the process, when they were going to Patna, on the way near Fatehpur Palki, Shravan Kumar Singh breath his last.

(3.) Claimants/appellants, who are widow and children of deceased filed application under Section 166 of the Act of 1988 pleading therein that on the date of accident deceased was aged about 51 years, working as Truck Driver and earning Rs.12,000/- per month as salary, and Rs.150/- daily allowance.