BANTI YADAV Vs. SAMBATI SAHU

JUDGEMENT

(1.) Challenge in this appeal is to the award dated 25.09.2014 passed by the Chief Motor Accident Claims Tribunal, Raipur in Claim Case -120 of 2012, whereby learned Claims Tribunal allowed application under Section 163A of the Motor Vehicle Act and awarded Rs.9,34,000/- as total compensation in a fatal accident case.

(2.) Facts relevant for disposal of this appeal are that on 22.04.2011 Shivkumar Sahu was riding his bicycle and going to Abhanpur from village Kodapar, while so at about 12 noon, when he reached near railway crossing of Abhanpur, one Truck bearing No.CG 04 J 4217 (hereafter referred to as 'offending vehicle') driven rashly and negligently by NA1, dashed bicycle of Shivkumar Sahu and caused accident. In the said accident Shivkumar Sahu suffered grievous injuries on his person and died on the spot.

(3.) Claimants, who are widow, children and widow mother of deceased filed an application under Section 163A of the Act of 1988 seeking compensation of Rs.24,50,000/- on different heads pleading therein that on the date of accident, deceased was aged about 35 years able bodied person, working as Mason and earning Rs.3,000/- per month. Claimants were dependent upon income of deceased.