CHAMPA BAI Vs. GOPAL BUDE

JUDGEMENT

(1.) This is an appeal by the claimants against the award dated 20.3.2006 passed by the Court of 10th Addl. Claims Tribunal (FTC), Raipur, in Claim Case No. 64/2005. Along-with this appeal, cross objection has also been preferred by the insurer. Initially against the award dated 20.3.2006, an appeal was preferred by the claimants on 17.8.2006, which is a subject of record. The brief facts of the case are that the claimants were dependents of the deceased. The claim was preferred by the wife and two sons before the Claims Tribunal. In such claim petition, it was pleaded that on 13.3.2005 at about 8.45 p.m., Respondent No. 1 Gopal Budhe drove the truck bearing M.H. No. 3 MP/7048 in rash and negligent manner and dashed the deceased who was a rickshaw puller near Mahdeo Ghat. Subsequently because of such impact, the deceased was admitted to hospital wherein he died on 29.3.2005. It was also pleaded that at the time of accident, the truck was being driven by Gopal Budhe and M/s. S.S. Logistic Private Limited was the owner of the vehicle. It was also stated in the claim petition that at the time of incident, the deceased was aged about 35 years, he was a rickshaw puller and used to earn Rs. 3000/- per month. It was also stated that because of such death, the loss of dependency was caused and on various heads, the amount of Rs. 4,70,000/- was claimed.

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(3.) The petition was filed under the special provisions of Section 163-A of the M.V. Act. The learned Tribunal after evaluating the evidence and document on record has passed an award of Rs. 1,87,000/- with interest @ 6% per annum, in favour of the claimants and it was ordered that the amount should be paid by the Insurance Company and thereafter, liberty was given to recover the same from the owner and driver of the offending vehicle.