MAINA BAGHEL Vs. KANAK RAM SAGAR

JUDGEMENT

(1.) THE mother and brothers of deceased Yashwant Kumar are the appellants before us in this appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Korba, (for short 'the Tribunal') vide award dated 31.03.2006, passed in Claim Case No.85/2004.

(2.) THE claimants claimed compensation of Rs.63,02,200/-, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the death of deceased Yashwant Kumar in the motor accident on 14.02.2003 when his motorcycle was dashed by the offending Dumper bearing registration No.CG- 10A/1860, resulting in his instantaneous death on the spot itself. THE claimants further pleaded that deceased Yashwant Kumar used to earn Rs.5,800/- per month by working as Medical Representative in THEeta Pharmaceuticals Company.

(3.) BEFORE the Tribunal, the claimant examined AW-1 Bhupendra Baghel, AW-2 Dharam Singh, AW-3 Sukh Sagar Sahu and AW-4 Sandeep Kumar in support of their claim, whereas the owner and insurer of the offending vehicle Dumper did not examine any witness in rebuttal.