VINAY AGRAWAL Vs. KAMLA BAI PATEL

JUDGEMENT

(1.) This is an appeal under Sec. 173 of the Motor Vehicles Act (hereinafter referred to as 'the Act') against the award dated 28.02.2015, passed in Motor Accident Claim Case No. H-35/2014 by Motor Accidents Claims Tribunal, Mahasamund (CG).

(2.) As per claim petition on 23.11.2013, Thakurram was going to Village Firangi in his CD Dawn motor cycle bearing registration No. CG-06/B-4005 and when he reached near Petrol Pump of Lakhagarh at Pithora, at that same time appellant Vinay Agrawal came there on his Hero Honda Glamor motorcycle riding in a rash and negligent manner and dashed against the motorcycle of Thakurram from the back side, as a result of which he suffered grievous injuries on his head and waist and thereafter was admitted in the Government Hospital Pithora for treatment and during the treatment, he died.

(3.) On claim petition being filed by the claimants under Sec. 166 of the Motor Vehicle Act before the tribunal. The Tribunal considering the evidence led by both the parties, passed an award of compensation and awarded Rs. 5,61,000/- with interest of 6% per annum to the claimants from the date of application till realization.