SHYAMKALI Vs. GAJADHAR JAISWAL

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 of 1988') questioning the legality and propriety of the award dated 21.01.2016 passed by the 5th Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No.151/2014, whereby, the Tribunal while allowing the claim in part has awarded a total amount of compensation to the tune of Rs.3,22,000/- (Rupees Three Lakh Twenty Two Thousand Only) with a direction that if the same is not paid within 60 days', then the same shall carry interest at the rate of 6% per annum from the date of filing of claim petition till the date of actual payment. The parties to this appeal shall be referred hereinafter as per their description in the Tribunal.

(2.) Briefly stated, the facts of the case are that on 17.08.2012, the deceased Raghunath Sahu, was going along with his friend Ramnarayan Sahu to village Tala Ameri Kanpa, from the village Bilha by a motor cycle bearing registration no.CG-10-CS-6696. At the relevant time, a driver of the another motor cycle bearing registration no.CG-10-EM-5607, while driving the same in a rash and negligent manner has turned the same without showing its signals, owning to which, the alleged accident occurred and both Raghunath Sahu and his friend have fell down and during the course of treatment, the deceased Raghunath has died on 18.08.2012. A criminal case was registered against the driver of the offending vehicle namely, Gajadhar Jaiswal, under sections 279 and 337 of I.P.C. of the Police Station Hirri, District- Bilaspur in connection, Crime No.144/2012 and after its investigation, the charge sheet was submitted before the Judicial Magistrate First Class, Bilha against the said driver under Sections 279, 337, 338 and 304-A of I.P.C. along with under sections 146 and 196 of the Act of 1988.

(3.) On account of the aforesaid accident, the claimants who are widow and minors of the deceased Raghunath Sahu, instituted a claim petition enumerated under section 166 of the Act of 1988 by submitting inter alia that the deceased, a 50 years old, was a driver by profession and working as such under an employee of one Bahadur Singh at the monthly wages of Rs.6,000/- (Rupees Six Thousand Only) apart from daily allowance of Rs.50/- (Rupees Fifty Only) and, thus, total amount of compensation to the tune of Rs.36,00,000/- (Rupees Thirty Six Lakhs Only) has been claimed under various heads.