LEENA Vs. PRADIP KUMAR

JUDGEMENT

(1.) This Appeal has been preferred by the Claimants under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') seeking enhancement of the award dated 01.01.2016 passed by 1st Additional Motor Accident Claims Tribunal, Raipur, District Raipur (for short 'the Claims Tribunal') in Claim Case No.527/2014, whereby the Tribunal has awarded a total amount of compensation to the tune of Rs.51,78,000/- with 7% interest per annum from the date of filing of the claim Petition till its realization

(2.) The facts of the case in nut-shell are that on 23.08.2014 at around 4.45 pm, Respondent No.1, while driving the vehicle bearing Registration No.CG 07 E 1386 in a rash and negligent manner, hit the motorcycle bearing its Registration No.CG 07 AM 7784 being driven by the deceased namely Hitendra Verma on the opposite side of Balaji Trading Company, PS Dhamdha, District Durg on account of which, the deceased Hitendra Verma died.

(3.) On account of the said accident, the Claimants, who are the wife, parents and brother of the deceased, instituted a claim Petition under Section 166 of the Act of 1988 by submitting inter alia that the deceased, a 30 year old, was working as a Senior Branch Manager at Bank of India, Dhamdha Branch, District Durg and used to earn Rs.70,000/- per month. The Claimants have, thus, claimed a total amount of compensation to the tune of Rs.2,36,28,000/-.