SANGEETA SAHU Vs. MOHAN SINGH PATEL

JUDGEMENT

(1.) Claimants/appellants have filed this appeal under Sec. 173(2) of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') seeking enhancement of compensation awarded by the learned Additional Motor Accident Claims Tribunal (F.T.C.) North Bastar, Kanker (C.G.) in Claim Case No.20/2017 awarding a compensation of Rs.6,73,750.00 with interest @ 7% per annum, in favour of the appellants/claimants.

(2.) Facts relevant for disposal of this appeal, in brief, are that on 21/2/2017, deceased Biharilal Sahu along with his friend Atmaram Tandiya was going from Kanker to his home village Udkuda by his motorcycle. At around 7.00 P.M., near Dhaba 786, a truck bearing registration No. C.G.17-H-1133 which was being driven by respondent No.1 was parked by him negligently in the middle of the road without keeping the indicator on in violation of the traffic rules. Due to said parking, deceased Biharilal Sahu collided with the said truck and suffered serious injuries and died on the spot. Accident was reported to the Police Station- Kanker based upon which crime bearing No.70/2017 under Sec. 337, 304A of IPC was registered against respondent No.1-driver.

(3.) On account of aforesaid accident, the appellants/claimants instituted a claim petition under Sec. 166 (1) and 140(1) of the Act of 1988 by submitting inter alia that at the time of the accident, the deceased, a 30 years old, was a 'Mason (Raj Mistri)' by profession and used to earn Rs.8,000.00 per month, and thus, total amount of compensation to the tune of Rs.25,46,000.00 was claimed under various heads. However, the Claims Tribunal considering the pleadings of the respective parties and the evidence adduced in support thereof, by the impugned award granted compensation to the claimants as mentioned in para 1 of this judgment.