RAMSWAROOP SAHU Vs. PUSHPA DEVI SINGH

JUDGEMENT

(1.) Appellants/NA1 and 2, driver and owner of offending vehicle have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 challenging the impugned award dated 07.05.2015 passed by the Chief Motor Accident Claims Tribunal, Dhamtari (for short, 'Claims Tribunal') in Claim Case-145 of 2014 whereby learned Claims Tribunal allowed the application for grant of compensation in part and awarded Rs.4,00,000/- in a fatal accident case.

(2.) Facts relevant for disposal of this appeal are that on 19.04.2014 at about 7.30 pm Deepak Singh Rajput was going to a shop from his house for buying tobacco. While so, one two wheeler Scooty bearing No. CG04 CX- 2786 (hereafter, referred to as 'offending vehicle') driven by NA1 dashed Deepak Singh Rajput from his back and caused accident. In the said accident, he suffered grievous head injury, and was taken to hospital at Kurud, from where he was taken to Medishine Hospital, Raipur. During the course of treatment, Deepak Singh Rajput succumbed to the injuries on 21.04.2014.

(3.) Respondents- 1 to 6/claimants, who are widow, children and parents of deceased filed an application under Section 166 of the Act of 1988 pleading therein that deceased was working as contractor and earning Rs.40,000/- per month. He was also supervising agricultural fields and earning Rs.1,50,000/- per annum. Claimants were dependants upon the income of deceased and claimed total compensation of Rs.1,65,50,000/-.