PUNIYA BAI MARAVI Vs. BHAVANI SINGH

JUDGEMENT

(1.) This Appeal has been preferred by the Claimants under Sec. 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') seeking enhancement of the award under Appeal dtd. 17/8/2017 passed by Motor Accident Claims Tribunal, Mungeli (for short 'the Claims Tribunal') in Claim Case No.11/2017, whereby the Tribunal has awarded a total amount of compensation to the tune of Rs.7,22,200.00 with 9% interest per annum from the date of filing of the claim Petition till its realization. The parties to this Appeal shall be referred hereinafter as per their description in the Court below.

(2.) Briefly stated the facts of the case are that on 18/8/2016 at 3.15 p.m, deceased Sumendra @ Ramesh Singh Maravi was going along with his friend namely Dujram Dhruv from Litiya to village Changori and at the relevant time, they were dashed vehemently from their back side by the offending vehicle "truck" bearing its Registration No.CG-10 A-5978 owned by Non-Applicant No.2-Bhajan Singh and insured with Non-Applicant No.3-New India Insurance Company Limited owing to rash and negligent driving by its driver Non-Applicant No.1-Bhavani Singh. As a result of the alleged accident, deceased Sumendra @ Ramesh Singh Maravi died on the spot while his friend got injured badly, which led to the registration of a criminal case against the driver of it at P.S Kota in connection with Crime No.183/2016 under Ss. 279, 337 and 304-A IPC.

(3.) The Claimants being the legal representatives of the deceased, instituted a Petition under Sec. 166 of the Act of 1988 by submitting, inter alia, that the deceased, a 35 year old, was a mason (rajmistri) by profession and was involved in agricultural business as well and used to earn Rs.4.00 lacs and thus, a total amount of compensation of Rs.52,25,000.00 has been claimed under various heads.