MITHILA BAI DHRUVE Vs. PANCHURAM GOND

JUDGEMENT

(1.) The Claimants have preferred this appeal seeking enhancement of the award impugned dated 17.06.2014 passed in Claim Case No.7/2013, whereby the learned Tribunal has awarded total amount of compensation to the tune of Rs.13,12,800/- with 6% interest per annum from the date of filing of the claim petition till its realisation, while directing further that if the interest has not been paid within a period of 1 month, then it shall carry interest at the rate of 9% per annum. The parties to this appeal shall be referred hereinafter, as per their description in the Tribunal.

(2.) Briefly stated the facts of the case are that on 19.01.2013, the deceased Shivbhagat Dhruve was returning home along with his wife and at the relevant time, he was dashed vehemently by the offending vehicle 'Bolero' bearing registration No.CG 09/0436 due to rash and negligent driving by its driver namely, Panchuram/Non-Applicant No.1, which was owned by Non-Applicant No.2/Prakash Tandia and was insured with Non-Applicant No.3/Royal Sundaram Alliance Insurance Company Limited. Owing to the alleged accident, the deceased was injured badly and was admitted into the hospital but succumbed to the injuries on 06.02.2013. A complaint was lodged against the driver of the alleged offending vehicle namely, Panchuram Gond, in connection with Crime No.11/2013 before the police station Kukdur and charge sheet was accordingly submitted before the Judicial Magistrate First Class, Pandariya, District Kabirdham.

(3.) On account of the aforesaid accident, the claimants, who are widow, minor child and parents of the deceased, have instituted a claim petition under Section 166 of the Act of 1988, by submitting inter alia that the deceased was working as Assistant Teacher in Government Primary School, Lalpur, Tahsil Pandariya, District Kabirdham and used to earn Rs.9,330/- per month and, thus, the total amount of compensation of Rs.19,59,550/- has been claimed under various heads.