ALIS KALPANA KUJUR Vs. SAYAD IKABAL AALAM

JUDGEMENT

(1.) Challenge in this appeal is to the award dated 26.02.2015 passed by the Additional Motor Accident Claims Tribunal, Jashpur (for short, 'Claims Tribunal') in Claim Case-12 of 2014, whereby learned Tribunal allowed the application for compensation in part and awarded Rs.7,27,800/- as total compensation in a fatal accident case.

(2.) Facts relevant for disposal of this appeal are that on 09.03.2013, Unthres Kujoor (since deceased) was travelling on Motorcycle along with appellants/claimants and going to Jashpur through village Chaileetangartoli, Jaamtoli and Bhalbanda. On the way, one Truck bearing No.WB29-7684 (for short, 'offending vehicle') driven by NA2 rashly and negligently, dashed the Motorcycle and caused accident. Unthres Kujur and appellants suffered grievous injuries over their person. They were taken to hospital at Jashpur, during the course of treatment Unthres Kujur died.

(3.) Appellants/claimants who are widow and child of the deceased filed an application under Section 166 of the Act of 1988 seeking compensation of Rs.36,25,000/- pleading therein that on the date of accident, deceased was 32 years able bodied person. He was working as Mechanic of Tractor Trailer and other agriculture machineries, earning Rs.10,000/- per month.