JANAK BAI SATNAMI Vs. BHANUPRASAD MANIKPURI

JUDGEMENT

(1.) These are two appeals filed against the impugned award dated 11.9.2008 of the Additional Motor Accidents Claims Tribunal, Bhatapara, Camp Court, Balodabazar, District Raipur (C.G.) passed in two Claim Case Nos. 44 and 45 of 2007. The brief facts of the case are that on 25.8.2006 at about 9.15 a.m. deceased Birjhu Satnami was selling fruits on his thela in front of bus stand Simga, at that time a truck bearing registration number UP 66-D 9188 coming from Bilaspur direction being driven rashly and negligently by the non-applicant No. 1 dashed the standing jeep No. CG 08-ZD 0284, then dashed the thela of the deceased Birjhu Satnami along with cycle rider Shricharan Yadav due to which Mohammad Intaf sitting in the jeep, Nazu Ali who was cleaning the glass of jeep, Birjhu Satnami and Shricharan Yadav received grievous injuries. Due to grievous injuries, Birjhu Satnami and Nazu Ali died on the spot. Deceased Birjhu Satnami was aged about 22 years and he was working as labourer and used to earn Rs. 4,500 per month. The claimants have claimed compensation of Rs. 7,50,000.

(2.) Claim Case No. 44 of 2007 was filed by Janak Bai Satnami showing herself as the widow of the deceased Birjhu Satnami as well as on behalf of her minor son who was aged about 1 month at the time of filing the claim petition, namely, Satish s/o Birjhu Satnami, under her guardianship. The other Claim Case No. 45 of 2007 was filed by the widowed mother of the deceased along with his 10-year-old minor brother Dhansingh and 6-year-old minor sister, namely, Dhanmat.

(3.) In that claim case, i.e., 45 of 2007 a dispute was raised on behalf of widowed mother of the deceased that the appellant Janak Bai Satnami was not married to her son, i.e., deceased Birjhu Satnami.