VINITA SHARMA Vs. RAVI ROSHAN @ BABLU DEWANGAN

JUDGEMENT

(1.) Appellant/claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act') challenging the award dated 30.06.2014 passed by the Third Additional Motor Accident Claims Tribunal, Raipur, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Motor Accident Claim Case No.105 of 2011 whereby learned Claims Tribunal allowed an application filed under Sections 166 and 140 of the M.V. Act in part and awarded Rs.17,79,388/- as total compensation in a fatal accident case.

(2.) Brief facts relevant for disposal of this appeal, are that, on 23.06.2008, when Rajnish Sharma was travelling on his car at Dhaneli bypass, Kharora road, one Truck bearing No.CG- 04/G/8997 (hereinafter referred to as 'offending vehicle') driven by non-applicant No.1 rashly and negligently, dashed the car of Rajnish Sharma, coming towards wrong side. In the aforementioned accident, car was badly damaged and Rajnish Sharma suffered grievous injuries over his person, he was brought to Dr. B.R. Ambedkar Memorial Hospital, Raipur, where the doctors declared him dead.

(3.) Appellants/claimants, who are widow and children of late Rajnish Sharma filed an application under Sections 166 and 140 of M.V. Act pleading therein that on the date of accident, deceased was able-bodied person of 38 years, engaged in the business of travel agency as well as he was property dealer/broker and earning Rs.2,50,000/- per annum. Apart from aforesaid, he was having 10 acres of agricultural property at village Gujra from which, he was earning Rs.50,000/- per annum and claimed Rs.57,50,000/- as total compensation on different heads.