NARENDRA KUMAR TIWARI Vs. BENI MADHAV SINGH

JUDGEMENT

(1.) Appellant/non-applicant No.2/owner of offending vehicle has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act') challenging the award dated 10/08/2015 passed by the 7th Additional Motor Accident Claims Tribunal, Durg, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Motor Accident Claim Case No.59 of 2014 whereby learned Claims Tribunal allowed the application filed by the claimants/respondents No. 1 to 3 under Section 163A of M.V. Act in part and awarded Rs.4,12,500/- as compensation in a fatal accident case.

(2.) Facts relevant for disposal of this appeal, are that, on 09/02/2012 at about 9.15 PM, Dharmendra Singh was travelling on motorcycle bearing No.CG-07/LH/7924 and going to his house, when he reached near house of MLA Korsewada on Aditya Nagar Road, he met with an accident with a bus bearing No.CG-07/AA/2261 (hereinafter referred to as 'offending vehicle'), which was parked on road without there being any signal or indicator. In the said accident, Dharmendra Singh suffered grievous injuries over his head and succumbed to the injuries on spot. The accident was reported to concerned Police Station, based upon which, Crime No.54/2012 was registered against non-applicant No.1 for offence under Sections 283 and 304A of IPC.

(3.) Respondents No.1 to 3/claimants filed an application under Section 163A of the M.V. Act pleading therein that deceased was undergoing PSC Coaching and working in Punjab National Bank, Durg. He was earning Rs.3,300/- per month and claimed Rs.15,40,000/- as total compensation.