MEERA SINGH Vs. KISHORE KUMAR NAMDEV

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred by the Claimants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act, 1988') questioning the legality and propriety of the award dated 31.07.2013 passed by the Additional Motor Accident Claims Tribunal (F.T.C.), Korba (C.G.) (hereinafter referred to as 'the Claims Tribunal') in Claim Case No.03/2013, whereby, the learned Claims Tribunal has dismissed the claim petition. The parties to this appeal shall be referred hereinafter as per their description in the Claims Tribunal.

(2.) Briefly stated the facts of the case are that on 26.07.2006 at about 4.45 a.m., deceased Munna Singh and others were going by Pickup Van, i.e., Mahindra Jeep from Balconagar, Korba to Raipur for the purpose of fetching vegetables, while carrying some materials as well. According to the claim petition, the vehicle in question having its Trade Certificate Jeep No. M.P. 26 T 0373, Engine No. GA51K64794- Chassis No. MA1ZG2GAA51K40045 was owned by Non-applicant No.2- Arvind Pal and was insured with Non-applicant No.3- The Oriental Insurance Company Limited, which was being driven rashly and negligently by its driver, namely, Kishore Kumar Namdev (Non-applicant No.1). As a result of which, he lost his control and owing to which, deceased Munna Singh fell down and died on the spot while one Kripa Shankar was injured.

(3.) On account of the aforesaid accident, the Claimants, being legal representatives of the deceased, instituted a claim under Section 166 of the Act, 1988 submitting inter alia that the deceased, 32 years old, was a vegetable vendor and used to earn Rs.6,000/- per month and thus claimed total amount of compensation to the tune of Rs.19,00,000/- under various heads.