RADHAKANT KESHRI Vs. KU. RADHA

JUDGEMENT

(1.) Appellant/Owner of offending vehicle or NA2 has filed this appeal under Section 173 of the Motor Vehicle Act, 1988 challenging impugned award dated 26.11.2014 passed by the Chief Motor Accident Claims Tribunal, Raipur (for short, Claims Tribunal) in Claim Case-39 of 2013 whereby learned Claims Tribunal allowed the application for grant of compensation in part and awarded Rs.5,27,500/- as total compensation in a fatal accident case.

(2.) Facts relevant for disposal of this appeal are that Manoj Kumar Sahu was travelling on Motorcycle bearing No.CG 04DE-6668 along with Vedram Sahu and Manish Kumar Sahu. When they reached near village Bemta, one Truck bearing No.CG 10C-1612 (hereafter, referred to as 'offending vehicle') driven by NA1 dashed the Motorcycle and caused accident. In the said accident, Manoj Kumar Sahu suffered grievous injuries over his person and died during the course of treatment.

(3.) Respondent-1/claimant, sister of deceased Manoj Kumar Sahu 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 25 years. He was working with Public Works Department and earning Rs.5,000/- per month and from the work of Auto, earning Rs.3,000/- per month. Respondent-1/claimant was dependant on the deceased and has claimed a total sum of Rs.22,28,000/-.