NAVEEN MINJ Vs. SIMAN SAI PAIKARA

JUDGEMENT

(1.) Inadequacy of the compensation awarded by the Additional Motor Accident Claims Tribunal (F.T.C.), Jashpur (for short, 'Tribunal') in connection with the loss of life of the sole bread earner of the family is projected in this appeal filed by the Appellants/Claimants.

(2.) On the ill fated day i.e. on 12.01.2014, the deceased by name Dular Minj was returning to his village on a bicycle. When he reached the place of occurrence, he was knocked down to death by Tata Sumo bearing registration No. CG-14-MB-5816, which is owned by the 1st Respondent, driven by the 2nd Respondent and insured by the 3rd Respondent. This led to the claim petition preferred before the Tribunal.

(3.) It is contended by the Appellants/Claimants that the deceased was 55 years of age and was having substantial income by virtue of his avocation as a 'Mason'. The accident was because of the negligence on the part of the driver of the Tata Sumo, which in turn was sought to be compensated from the Respondents. The claim was resisted mainly on the quantum and negligence. Existence of a valid policy was admitted from the part of the 3rd Respondent. On conclusion of the trial, the Tribunal arrived at a finding that the accident was solely because of the negligence on the part of the 2nd Respondent/driver.