GANESH RAM Vs. AMITABH BANDHE

JUDGEMENT

(1.) This is Claimants' appeal under section 173 of Motor Vehicle Act, 1988 seeking enhancement of compensation awarded by the 7th Additional Motor Accidents Claims Tribunal, Raipur (For short, 'Claims Tribunal') in Claim Case No.576 of 2014 vide impugned award dated 30.06.2015, whereby learned Claims Tribunal allowed application under Section 166 of the Act of 1988 in part and awarded a total sum of Rs.1,12,500/- as compensation in a child death case.

(2.) Facts relevant for disposal of this appeal are that on 01.07.2014 NA1 was driving his Tractor bearing No.CG 04 DT 8240 (hereafter, referred to as 'offending vehicle') and going to one agriculture field to another and applicant/claimant-1 was trying to board his son Manoj Kumar on the offending vehicle. While so, NA1 drove the vehicle rashly and negligently, in which Manoj Kumar suffered injuries with the ploughing instrument attached to the offending vehicle. While taking him to the hospital at Bhatapara, he succumbed to the injuries. Accident was reported to the concerned Police Station, based upon which, Crime was registered against NA1.

(3.) Appellants/ claimants who are parents of deceased Manoj Kumar filed application under Section 166 of the Act of 1988 pleading therein that the deceased was able bodied boy, aged about 8 years and studying in Class-II. He could have earned Rs.3,000/- per month in future. They claimed Rs.16,50,000/- as compensation.