SHANTI BAI Vs. DANESHWAR SINGH RAGHUVANSHI

JUDGEMENT

(1.) Appellant/Claimant has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act') challenging the award dated 19.03.2015 passed by the Second Additional Motor Accident Claims Tribunal, Durg, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Motor Accident Claim Case No.22 of 2015 whereby learned Claims Tribunal dismissed the application filed under Section 166 of the M.V. Act.

(2.) Facts of the case in nutshell, are that, on 25.01.2010, at about 7.30 AM, when Ghanshyam Baghel was carrying bag of seeds on his head from the field of Kanhaiya and going to his house, on the way, near turn towards Sunder Dera, one Pickup Bolero Jeep bearing No.CG-05/D/0581 (hereinafter referred to as 'offending vehicle') driven by non-applicant No.1 rashly and negligently dashed Ghanshyam Baghel and caused accident. In the aforementioned accident, Ghanshyam Baghel suffered grievous injuries over his head, right eye, right hand and both the knees. He succumbed to the injuries suffered by him. The accident was reported to concerned Police Station, based upon which, Crime No.20 of 2010 was registered against nonapplicant No.1. After completion of investigation, Police submitted charge-sheet/Final Report before the Court of Judicial Magistrate First Class, Patan, District Durg.

(3.) Claimants who are widow and mother of deceased filed an application under Section 166 of the M.V. Act before learned Claims Tribunal seeking compensation of Rs.9,80,000/- on the grounds mentioned therein.