SHANKAR BRAMAHANKAR Vs. SHAIF AALAM

JUDGEMENT

(1.) Correctness and sustainability of the impugned award dated 12-05-2015 passed in claim case No. 44/2012 by the learned Chief Motor Accident Claim Tribunal, Raipur is put to challenge wherein the learned Claims Tribunal allowed the claim application in part and awarded a total sum of Rs. 4,17,500/- along with interest @ 6% p.a. from the date of filing of claim application after deducting 50% of the calculated amount of award towards contributory negligence.

(2.) Facts of the case in brief are that on 14-05-2012, at about 7:30 AM, Bhavesh Bramahankar (now deceased) was traveling on his motor cycle bearing registration No. CG04 CM 4100 and going from Urla to Raipur. At that relevant time, one trailer bearing registration No. CG04 E 5125 (hereinafter referred to as offending truck ) driven by respondent No. 1/Non-applicant No. 1 driver turned the truck towards petrol pump situated on the road side and in that, deceased dashed with the offending truck and sustained grievous injuries over his person. Injured was admitted to Balaji Hospital, Raipur from where he was referred to Ambedkar Hospital, Raipur. During the course of treatment, he succumbed to accidental injuries on 27-05-2012. The accident was reported to concerned police station based on which, a crime was registered against respondent No. 1/ non-applicant No. 1- driver of the offending truck.

(3.) Appellants-Claimants who are parents of the deceased filed claim application before the claims Tribunal on account of accidental death of their son who was 24 years old at the time of accident. They have pleaded that deceased was earning Rs. 500 per day by way of selling eggs and chicken to different shop owners and claimed a total sum of Rs. 37,50,000/- as compensation.