GOPICHAND JAISWAL Vs. NINDRA BAI

JUDGEMENT

(1.) Challenge in this appeal is to the award dtd. 9/5/2014 passed in Claim Case- 1 of 2011 by the First Additional Motor Accident Claims Tribunal, Raigarh (for short, 'Claims Tribunal'), whereby learned Claims Tribunal allowed claim application in part and awarded Rs.3,82,000.00 in a death case and fastened liability upon driver and owner of offending vehicle to satisfy the amount of compensation.

(2.) Facts relevant for disposal of this appeal are that Jeevanlal (since deceased) on 26/3/2005 at about 6 pm while going to Crusher Plant from his house on Rajmarg Road, at that relevant time, NA1, rider of Motorcycle bearing No.CG 13-ZH-7573 (hereafter, referred to as 'offending vehicle'), owned by NA2, dashed the vehicle of Jeevanlal. In the said accident, Jeevanlal suffered grievous injuries on his person and succumbed to those injuries.

(3.) Respondents-1 to 4/Claimants have filed an application seeking compensation of Rs.9,25,000.00 on account of untimely motor accidental death of late Jeevanlal pleading therein that on the date of accident, deceased was working at Rajesh Stone Crusher Plant and earning Rs.4,500.00 per month, upon which the claimants, who are widow and children are dependant.