JEEWAN LAL Vs. NARESH PATEL

JUDGEMENT

(1.) Since both the aforesaid appeals arise out of same accident, they are being disposed of by this common order.

(2.) Both the aforesaid appeals have been filed by the respective appellants/claimants being aggrieved by the impugned award dtd. 30/1/2018 passed by the Motor Accident Claims Tribunal, Kabirdham (C.G.) (for short, 'the Tribunal) in Claim Case Nos.40/2016 (MAC No.716/2018) and 41/2016 (MAC No.715/2018) whereby the Tribunal has dismissed the claim petitions. Parties to these appeals are herein after referred as per their description before the Claims Tribunal.

(3.) Briefly stated the facts of the case are that on 4/2/2016 at 09:00 pm, the deceased persons Mannu Hathile along with his companion Rakesh Hathile, sitting as pillion rider, were coming on motorcycle towards village Sodha, at village Manikpur near Joggery Factory, they dashed the Tractor bearing registration No.C.G-05/ZG/0129 and trolley bearing registration No.C.G-05/ZG/0130 parked by Non-applicant No.1 - Naresh Patel without lighting the indicator (parking light) in the middle of the road and without laying any siege, after driving the same rashly and negligently and on account of such negligence of Non-applicant No.1, the deceased persons had lost their lives. Matter was reported to the Police Station Bodla where Crime No.18/2016 for the offence under Sec. 304-A of IPC has been registered. On account of sudden demise of Mannu Hathile, claim application has been filed stating, inter alia, that Mannu Hathile used to earn Rs.20,000.00 per month by running Mobile Shop at Bazar Chowk, village Rabeli and the applicants being parents of Mannu Hathile are fully dependents upon him, therefore, they have sought a sum of Rs.61,30,000.00 as compensation under various heads. Similarly, seeking compensation of Rs.37,78,000.00 under various heads, another claim application has been filed by the parents of Rakesh Hathile, by pleading that the deceased - Rakesh Hathile used to earn 8,000/- per month by working as Accountant (Clerk) under Vinit Agrawal, Chartered Accountant. It is not disputed that Non-applicant No.1 Naresh Patel was the driver whereas Non-applicant No.2 Ramprasad was the owner of the offending vehicle.