NAND KUMAR SONI Vs. GAURI DEVI CHAUHAN

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed against the award of Chief Motor Accident Claims Tribunal, Mahasamund (in short "the Tribunal"), dated 9.1.2007 passed in Claim Case No. 67/06, by the appellant, who was driver of the vehicle - two-wheeler, insofar as the Tribunal has fastened the liability exclusively upon the appellant/driver to pay compensation to the pillion rider-deceased, who was owner of the two-wheeler. Brief facts of the case are that on 28th December, 2005, in between 7.30 pm and 9.00 pm, the appellant was driving the motorcycle, Hero Honda bearing registration No. CG 06/8557, of deceased Gopal Singh Chauhan, Branch Manager of District Co-operative Central Bank, Chhura. who was sitting as a pillion rider. While they were returning from Pandka to Chhura after inspection of the funds of paddy purchase, the appellant was driving the vehicle rashly and negligently and since he was drunk, he lost his control and caused the accident, as a result of which Gopal Singh Chauhan sustained injuries and the appellant left him there injured and returned to Chhura. However, when the witnesses brought Gopal Singh Chauhan to Govt. Hospital, Chhura for treatment, the doctors declared him brought dead. Report of the accident was lodged by Ramlal on 29.12.2005 at. Police Station : Chhura, whereupon Cr. No. 78/05 for the offence under Section 304A of the IPC was registered against the appellant and after completion of investigation, charge sheet was filed against him in the Court of Judicial Magistrate First Class, Gariyaband.

(2.) At the time of accident, the deceased was 37 years and was working as Branch Manager in District Co-operative Central Bank. He was getting a salary of Rs. 9,914/- per month and was an income tax payee. The claimants are widow and children of the deceased. They were fully dependent upon him, therefore, the claimants being legal heirs of the deceased, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (in short "the Act") claiming a total compensation of Rs. 37,50,000/- for the death of Gopal Singh Chauhan.

(3.) However, learned Tribunal after hearing counsel for the parties, on a close scrutiny of the evidence led by them, by the impugned award granted a total compensation of Rs. 6,79,688/- to the claimants, fastening the liability exclusively upon the appellant.