JOHN MATHAI Vs. NAVEEN SINGH RAJPUT

JUDGEMENT

(1.) Appellant/claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act') challenging the impugned award dated 28.11.2014 passed by the 6th Additional Motor Accident Claims Tribunal District Durg, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Motor Accident Claim Case No.09 of 2014 whereby learned Claims Tribunal allowed the application in part and awarded Rs.1,35,000/- as total compensation in a fatal accident case.

(2.) Facts relevant for disposal of this appeal, are that, on 31.12.2013, Anish John was travelling on two-wheeler along with his mother. While so, when he reached near Sector-9, M.D. Square, one P.C.R. Vehicle of Police Department bearing No.CG-03/3898 (hereafter referred to as 'offending vehicle') driven by non-applicant No.1/driver of offending vehicle rashly and negligently dashed two-wheeler and caused accident. In the aforesaid accident, Anish John suffered grievous injury over his person and died. Accident was reported to concerned Police Station, based upon which, crime No.673 of 2013 was registered against non- applicant No.1/driver of offending vehicle.

(3.) Appellant filed an application under Sections 166 and 140 of the M.V. Act pleading therein that deceased Anish John was aged about 18 years, giving tuition to children studying in Class 3 to 5, earning Rs.10,000/- per month and claimed Rs.17,45,000/- as total compensation on different heads.