NANMATI BHAGAT Vs. SHYAM LAL AGRAWAL

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred by the Claimant under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act of 1988') questioning the legality and propriety of the award dated 16.01.2015 passed by the Motor Accident Claims Tribunal, Raigarh (C.G.) in Claim Case No.104/2013, whereby the learned Tribunal while allowing the claim in part has awarded the total amount of compensation to the tune of Rs.2,98,000/- with 6% interest per annum from the date of filing of the claim petition till the date of actual payment. The parties to this appeal shall be referred hereinafter as per their description in the Claims Tribunal.

(2.) Briefly stated the facts of the case are that on the fateful day, i.e., on 28.07.2013, the deceased Sundar Sai Bhagat was hit vehemently by the offending vehicle 'Truck Tata 709' bearing Registration No.CG-14-A-0076, near the Village Patrapara, Tehsil Lailunga, District Raigarh (C.G.), when he was returning on foot. The alleged accident occurred owing to rash and negligent driving of its driver namely, Nandu Uraw/Non-Applicant No.2, which was owned by Non-Applicant No.1/Shyam Lal Agrawal and was insured with the Future General India Insurance Company Limited/NonApplicant No.3. On account of the alleged accident, deceased sustained serious multiple injuries, particularly on his left leg, chest and internal part of his body and was admitted into the hospital at Lailunga where he succumbed to the injuries during the course of his treatment. Report regarding the alleged accident was lodged at Police Station Lailunga against the driver of it under Section 304-A of the Indian Penal Code 1860, in connection with Crime No.177/2013 and the charge-sheet was accordingly submitted before the Judicial Magistrate First Class Gharghoda, District Raigarh.

(3.) On account of the aforesaid accident, the Claimant Smt. Nanmati Bhagat being widow of the deceased Sundar Sai Bhagat, instituted a claim petition enumerated under Section 166 of the Act of 1988 by submitting inter alia that the deceased, a 40 years old, was a 'Mason (Raj Mistri)' by profession and used to earn Rs.5,000/- per month, and, thus, total amount of compensation to the tune of Rs.10,50,000/- has been claimed under various heads.