MAHAVIR CHAND GOLCHCHHA Vs. RAMLAL MARKAM

JUDGEMENT

(1.) This appeal arises out of the award dated 14.10.2014 passed by Additional Motor Accident Claims Tribunal (F.T.C.) Bastar at Jagdalpur (C.G.), in Claim Case No. 47/2013 awarding a compensation of Rs. 9,47,500/- with interest @ 9% per annum, in favour of the appellants/claimants for the death of Dinesh Kumar Golchchha.

(2.) Facts of the case in brief are that on 07.04.2009 at about 10.30 PM, when deceased Dinesh Kumar Golchchha was going to Village Bafana with his friend Avinash on motor cycle as pillion rider, he was dashed by offending Tractor No. CG-04 D-9235 and Trolley No. CG-04 D-9236 which was being driven by respondent No.1 herein in a rash and negligent manner, as a result of which, Dinesh Kumar Golchchha sustained grievous injuries on his body and during treatment he died. A claim petition was filed by the appellants/claimants who happen to be the legal heirs (father and mother) of the deceased claiming a compensation of Rs. 24,79,000/- inter alia pleading that the deceased died due to negligent driving of the offending vehicle, at the relevant time he was aged about 29 years, doing business of grains (wholesale grocery shop) at Bazar Para, Kondagaon and his earning was Rs. 15,000/- per month.

(3.) Pleading of the claimants have, however, been denied by the respondents No. 1 & 2 driver and owner of the offending vehicle respectively and also by respondent No.3, Insurance Company.