ASHOK YADAV Vs. SHAKUR MOHAMMED

JUDGEMENT

(1.) This appeal has been filed by the appellants/claimants under Section 173 of the Motor Vehicles Act, 1988 against the award dated 2.2.2010 passed by the First Additional Motor Accident Claims Tribunal, Raipur (in short "the Tribunal") in Claim Case No. 67/09 whereby claim petition of the appellants/claimants has been dismissed. Brief facts of the case, as per averments made in the claim petition, are that Pawan Yadav was working as helper in Mahamaya Steel Industries Sarora (Urla). On 28.2.2009 respondent No. 1, driving the crane, which was at the relevant time owned by respondent No. 2 and insured with respondent No. 3, in a rash and negligent manner, caused accident, as a result of which Pawan Yadav was crushed under the wheel of the crane and died on the spot.

(2.) At the time of accident, the deceased was a bachelor of 19 years and was earning Rs. 4000/- per month by working as helper in the crane. In addition to this, he was also earning Rs. 2000/- per month by running a betel shop. The appellants/claimants, who are parents of the deceased, were dependent upon the deceased. Therefore, they filed a claim petition under Sections 166 & 140 of the Motor Vehicles Act, 1988 (in short "the Act, 1988") for a total compensation of Rs. 22,00,000/- under various heads.

(3.) However, learned Tribunal, after hearing counsel for the parties, after close scrutiny of the evidence led before it by the parties, by the impugned award dismissed the claim petition as being not maintainable.