SHUSHILA MISHRA Vs. ORIENTAL INSURANCE CO

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed against the award of the 12th Motor Accident Claims Tribunal (FTC), Durg (in short "the Tribunal"), dated 27-4-2006 passed in Claim Case No. 51/05, dis-missing the claim petition of the appellants/ claimants filed under Section 166 of the Motor Vehicles Act, 1988 (in short "the Act") as not maintainable in law.

(2.) Brief facts of the case are that appel-lant No. 1 is the wife of deceased Haridev Mishra and appellant Nos. 2, 3 & 4 are chil-dren of the deceased. Respondent No. 2 is the driver of Truck bearing registration No. MP 23D/4362, which was insured with re-spondent No.l on the date of accident. De-ceased Haridev Mishra is the registered owner of the said truck, who used to accom-pany the driver and helper in the truck. On - the date of accident i.e. 16-2-2001 deceased Haridev Mishra having loaded the goods in the said truck left his home situated at Kumhari. The truck was being driven by re-spondent No.2. However, Haridev Mishra died due to accident occurred on public road at Village : Khurighat, PS : Ratanpur, Distt. Bilaspur. When the appellants/claimants could not trace the deceased and the said truck for a considerable time, they lodged missing report at Police Station: Kumhari, Distt. Durg. During investigation, firstly the appellants came to know that on the date and time of accident, Haridev Mishra had died on account of being accidently run over by the said truck.

(3.) At the time of accident, the deceased was a healthy man of 49 years and was earn-ing Rs. 15,000/- to 20,000/- per month. The appellants were fully dependent upon the deceased and they have no other source of income. On account of unfortunate demise of Haridev Mishra, they are suffering a great financial crisis. Therefore, the appellants be-ing legal heirs of the deceased filed a claim petition under Section 166 of the Act claim-ing a total compensation of Rs. 42,60,000/-for the death of Haridev Mishra.