BHAGWATI Vs. MANSUKLAL

JUDGEMENT

(1.) This is claimants' appeal seeking enhancement of compensation awarded by Additional Motor Accident Claims Tribunal (FTC) (for short, "the Tribunal") Balod, District Durg (CG), vide award dated 17-8-2009in Claim Case No. 91/2009,

(2.) The facts, in brief, are that on 27-1-2008 the deceased Romanlal Sahu was going to village Khubatola, Police Station Dongargarh in a Maruti Van bearing registration No. CG-04ZB-5857 to attend the engagement ceremony of his friend along with four other persons, driven by the first respondent (belonging to second respondent and insured with third respondent) and when Maruti van reached near the Sales Tax Barrier at village Chola, it dashed one Minibus standing on the road, as a result of which he sustained injuries, thereafter he was admitted in hospital for treatment and during the course of treatment he died.

(3.) The appellants/claimants, unfortunate mother and brothers of deceased - Romanlal Sahu filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming Rs. 11,35,000/- as compensation for his death in motor accident which took place on 27-1-2008, stating therein that at the time of accident the age of the deceased was 25 years and by occupation he was driver of commercial/goods vehicle, the Tribunal has awarded a sum of Rs. 1,34,000/- as compensation to the claimants along with interest @6% per annum from the date of application till its actual payment.