SIYADULARI AND ORS. Vs. BHIKHU YADAV AND ORS.

JUDGEMENT

(1.) The present claimants' appeal arises out of the award dated 29-8-2006 passed by 10th Additional Motor Accidents Claims Tribunal (FTC), Durg (hereinafter referred to as "the Tribunal") in Claim Case No. 137/2005 whereby in a death case compensation of Rs. 2,16,500/- has been awarded in favour of the claimants. Facts of the case, in brief, are that on 19-8-2005 when deceased Mohanlal Kumhar along his two friends was going on motorcycle Hero Honda CD 100 bearing registration No. CG 07/LA/8235, the said motorcycle collided with a truck bearing registration No. MH 06-K-0554 (hereinafter referred to as "offending vehicle"), which was coming from the opposite side and driven by respondent No. 1-Bhikhu Yadav in a rash and negligent manner. It is stated that all the three persons riding the motorcycle have expired. Crime No. 449/05 was registered against respondent No. 1, driver of the offending vehicle for the offence punishable under Section 304-A of IPC.

(2.) A claim case was filed by the claimants, who are widow, two minor children and parents of the deceased, total five in number, before the Tribunal for compensation of Rs. 10,02,000/- inter alia, pleading that at the time of death, the deceased was a potter by profession, thereby earning Rs. 3,000/- per month, he was aged about 22 years, and therefore, the claimants are entitled for compensation as claimed.

(3.) The respondents by filing their written statements contested the case and denied the claim as put forth by the claimants. It has been pleaded by them that it is the rider of the motorcycle, who himself was negligent in riding the vehicle, and therefore, the respondents cannot be held liable to pay any compensation.