SAROJ MAHULE Vs. CHITRANJAN SINGH

JUDGEMENT

(1.) Appellants/Claimants preferred this appeal under Section 173 of the Motor Vehicle Act, 1988 challenging the impugned award dated 10.05.2013 passed by 5th Additional Motor Accident Claims Tribunal, Raipur (CG) (for short, 'Claims Tribunal') in Claim Case-85 of 2012, whereby learned Claims Tribunal allowed the application under Section 166 of the Act of 1988 and awarded Rs.55,08,000/- as total compensation in a fatal accident case.

(2.) Facts relevant for disposal of this appeal are that on 23.09.2011, Rajesh Mahule (since deceased) was travelling on Motor Car from Simga to Raipur along with one Ranu Sahu. On the way, when they reached near Dharsiva, one Truck bearing No. CG 04J-9511 (hereafter, referred to as 'offending vehicle'), driven by NA1 rashly and negligently, dashed the Motor Car of Rajesh and caused accident. In the said accident, Rajesh suffered grievous injuries and succumbed to the injuries on the spot.

(3.) Appellants/claimants who are widow and child of deceased filed an application under Section 166 of the Act of 1988 pleading therein that on the date of accident, deceased was an able bodied person, aged about 41 years. He was working as Assistant Sales Manager with Videocon Industries, earning Rs.6,50,000/- per annum from salary and claimed Rs.75,24,999/- as compensation.