NURUL HUQE Vs. CHAIT RAM

JUDGEMENT

(1.) NA2, Owner of offending vehicle bearing No.CG 16 ZD/0465 has preferred this appeal under Section 173 of Motor Vehicle Act, 1988 challenging the impugned award dated 04.05.2015 passed by the Motor Accidents Claims Tribunal, Surajpur, Distrct Sarguja (For short, 'Claims Tribunal') in Claim Case No.59 of 2014 whereby learned Claims Tribunal allowed application under Section 166 of the Act of 1988 in part and awarded a total sum of Rs.3,49,000/- as compensation in a fatal accident, fastening liability upon Owner and Driver of offending vehicle.

(2.) Facts of the case in nutshell are that on 30.12.2013, Tuleshwar Singh was travelling on the offending vehicle and going to village Namna. On the way when the offending vehicle reached near village Phulchuhi, at that relevant time, NA1, driver of offending vehicle drove the vehicle rashly and negligently and got the vehicle turned turtle. In the aforementioned accident, Tuleshwar Singh came under the vehicle and suffered grievous injuries. On the way to hospital at Udaipur, he succumbed to the injuries. Accident was reported to concerned Police Station, based upon which Crime was registered against NA1 and after completion of investigation, charge-sheet was filed before the Court of Jurisdictional Magistrate.

(3.) Claimants, who are siblings of deceased filed application under Section 166 seeking compensation of Rs.7,76,000/- pleading therein that on the date of accident, deceased was earning Rs.5,000/- per month from the agriculture work and by providing tuition.