SATYABHAMA DAVE Vs. RATTURAM

JUDGEMENT

(1.) Appellant-claimants have preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') feeling partially aggrieved by the award dtd. 5/10/2013 passed by the learned 1st Additional Motor Accident Claims Tribunal, Jagdalpur in Claim Case No.39/2013 thereby allowing application for grant of compensation in part and awarding Rs.15,30,464.00 as total compensation in a fatal accident case.

(2.) Facts relevant for disposal of this appeal, in brief, are that on 16/4/2009 when Vijay Kumar Dave was travelling on motorcycle bearing registration number CG17-K-4083, one truck bearing registration number CG17-H-0203 (for short 'the offending truck') dashed his motorcycle and thereafter the offending truck turned turtle. In the said accident, Vijay Kumar Dave suffered grievous injuries, he was taken to Maharani Hospital, Jagdalpur where he succumbed to injuries during the course of treatment.

(3.) Appellants-claimants filed an application under Sec. 166 of the Act of 1988 seeking total compensation of Rs.37,41,000.00 pleading therein that on the date of accident, the deceased was 41 years of age, he was working as Patwari (government servant) and getting salary of Rs.12,900.00 per month. Claimants were dependent on the income of the deceased.