DASHRATH NISHAD Vs. SAHDEV SAHU

JUDGEMENT

(1.) This appeal arises out of the award dtd. 30/3/2017 passed by Additional Motor Accident Claims Tribunal (for short the "Tribunal") Raigarh in Claim (MACT) Case No.27/2016 awarding a compensation of Rs.55,000.00 in favour of the appellants/claimants for the death of Pitramti Nishad.

(2.) Facts of the case in brief are that on the date of incident, when the deceased was going to Domanpur on her son-in-law's motorcycle bearing registration No.CG-11-C-3578, near Timarlaga Sarangarh-Raigarh main road, the offending vehicle bus bearing registration No.CG-13-A-3060 driven by respondent No.1/non-applicant No.1 herein, in a rash and negligent manner, came from behind and hit them as a result of which deceased Pitramti Nishad died on the spot. A claim petition was filed by the appellants/claimants who happen to be the legal heirs of the deceased claiming a compensation of Rs.18,43,000.00 inter alia pleading that the deceased at the relevant time was aged about 57 years, she was earning Rs.9,000.00 per month by selling namkin and running hotel in weekly market.

(3.) Pleading of the claimants have, however, been denied by the respondent/insurance company.