SATRUPI Vs. PARAS SATNAMI

JUDGEMENT

(1.) Challenge in this appeal is to the impugned award dated 15.03.2013 passed by the 2nd Additional Motor Accident Claims Tribunal, Raipur, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Claim Case No.65 of 2012, whereby learned Claims Tribunal allowed the claim application in part and awarded a total sum of Rs.3,96,000/- as compensation, fastening liability for satisfying the compensation amount upon respondents No.1 and 2.

(2.) Brief facts for disposal of this appeal, are that, on 13.10.2011 at about 6.00 PM, a Truck bearing registration No.CG-04/J/1233 (hereinafter referred to as 'offending Truck') driven by respondent No.1 met with an accident with a Tractor bearing registration No.CG04/DM/9357 and Trolley bearing registration No.CG-04/DM/9358. In the aforementioned accident, Bankarlal Kosale who was travelling on Tractor along with others died. The accident was reported to concerned Police Station, based on which, crime was registered against respondent No.1 for the offence punishable under Sections 279, 337, 338 and 304A of the Indian Penal Code.

(3.) Claimants who are widow, four children and mother of deceased Bankarlal Kosale filed an application under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act') claiming compensation of Rs.8,76,000/- mentioning therein that they were dependent upon the income of the deceased and after his death, they have suffered loss of dependency.