SAVITA DEVI Vs. LAKHBEER YADAV

JUDGEMENT

(1.) The claimants in Claim Case No. 38/1997 on the file of 1st Additional Motor Accident Claims Tribunal, Raipur have preferred this appeal claiming the enhanced compensation.

(2.) On 6-4-1995 one Chandrabhan, aged about 45 years was proceeding alongwith one Saddam from Kachheri Chowk to Panchpedi Naka by a Motor Cycle as a pillion rider. At that time a truck bearing Regn. No. GJ 10/T-8888 which was driven by respondent No. 1 rashly and negligently came from the opposite direction and dashed against the two-wheeler. In the result, Chandrabhan died on the spot. The widow and two daughters of the deceased filed Claim Case No. 38/1997 before the Ist Additional Motor Accident Claims Tribunal claiming compensation to the extent of Rs. 7,50,000.00. However, the Tribunal awarded only a sum of Rs. 1,24,200.00. Being dissatisfied with the said award, the claimants have filed the appeal.

(3.) The fact that the accident took place because of rash and negligent driving by the truck driver is not in dispute at this stage. The only question is what is the just and proper compensation to be fixed.