LALESHWARI BAI Vs. ANIL KHANDELWAL

JUDGEMENT

(1.) Heard. The non-applicant No. 4-appellant herein has filed this miscellaneous appeal against the award dated 5-5-2008 passed by the learned Chief Motor Accident Claims Tribunal, Raipur (CG) (for brevity the 'Claims Tribunal') in Claim Case No. 14/07.

(2.) Facts of the case, in brief, are that on 18-6-2006 Bhuneshwar Sahu (since deceased) was returning along with non-applicant No. 1 from his native place Semra, Police Station Sihawa, District Dhamtari to Raipur on the motorcycle bearing registration number CG04-CF-9220. Bhuneshwar was traveling in the said motorcycle as pillion rider. At about 11.30 a.m. when they reached near Chitrakoot Dhaba, Abhanpur, the tyre of motorcycle got burst as a result the driver lost control over it and both of them fell down. Bhuneshwar Singh sustained injuries on his head and became unconscious. He was immediately taken to the Medical College Hospital, Raipur from where he was transferred to MMI Hospital, Raipur where he died during treatment. Report of the incident was lodged in the Police Station Abhanpur. The claimants, who are brothers of the deceased, have filed claim application arraying widow of the deceased as non-applicant No. 4 i.e. appellant herein, and claimed compensation to the tune of Rs. 5,95,000/- jointly and severally from the non-applicants No. 1 to 3 on the ground that on account of untimely death of the deceased they have suffered irreparable loss.

(3.) Non-Applicants No. 1 to 3 had filed their respective written statements denying claim of the claimants.