MUSHAYRA BEGUM Vs. MUKESH TIWARI

JUDGEMENT

(1.) Heard on I.A. No. 1/2011, an application for condonation of delay in filing the appeal which is barred by 96 days. Notice of this application has been served, but no objection has also been filed by the respondents. On due consideration of the ground mentioned in the application, were of the opinion that the learned Counsel for the appellants have satisfactorily explained the delay in filing the appeal. Therefore, the delay is condoned. Application is allowed. This appeal has been filed by the claimants against the impugned award dated 1st January, 2011 passed by the IXth Addittional Motor Accident Claims Tribunal (F.T.C.), Raipur (C.G.), in Claim Case No. 80/2010 dismissing their claim petition under Section 166 of the Motor Vehicles Act.

(2.) The facts of the case as per the version of the claimants are that on 2nd April, 2009 Abdul Majid (deceased) was going from his village Amlipadar to Raipur by Mini Passenger Bus bearing Regn. No. C.G.-04-E/0368 for his business purpose. On the way near Amanala, the said Mini Bus driven by Shyam Sunder Yadav in a rash and negligent manner struck against a road side tree, as a result of which, Abdul Majid sustained grievous injuries and died on the spot. The driver of the vehicle also lost his life in the said accident. The F.I.R. was lodged alleging rash and negligent driving of the driver and a case against the driver for the offence under Sections 279, 337 and 304-A was registered.

(3.) The deceased was aged about 42 years. He was earning Rs. 15,000/- per month by dealing in poultry and agricultural products. The claimants being dependents/legal representatives have filed claim petition under Section 166 of the Motor Vehicles Act, for the award of a total compensation of Rs. 51 lakhs on various heads.