TIJIYA BAI Vs. GANGARAM SAHU

JUDGEMENT

(1.) Claimants/appellants have filed this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') seeking enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Balod (for short 'the Claims Tribunal') vide award dtd. 26/9/2015 passed in Claim Case No.1200159/14 thereby allowing application in part and awarding Rs.2,10,000.00 as compensation in a death case, after deducting 50% towards contributory negligence fixed on the deceased.

(2.) Facts relevant for disposal of this appeal are that on 6/10/2014 Nirgundas was going to his house on motorcycle bearing registration number CG04-CM-4991. When he reached near village Manchua, another motorcycle bearing registration number CG08-N-0719 (for short 'the offending motorcycle'), driven by non-applicant No.1 rashly and negligently, dashed against his motorcycle, as a result, Nirgundas suffered grievous injuries on his head and other parts of body. He was immediately admitted in Chandulal Chandrakar Hospital, Bhilai, where during the course of treatment he died on 7/10/2014. Accident was reported to concerned police station based on which Crime No.192/14 was registered against non-applicant No.1 for commission of offence punishable under Ss. 279, 337 and 304A of the Indian Penal Code.

(3.) Claimants/appellants, who are widow, children and widow mother of deceased, have filed an application under Sec. 166 of the Act of 1988 seeking compensation of Rs.15,40,000.00 pleading therein that on the date of accident, the deceased was running a "chaat & gupchup" stall in village market and earning Rs.300.00 per day and Rs.9000.00 per month.