FULESHWARI TAMRAKAR Vs. VARUN KUMAR SINHA

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short MV Act) is against the impugned award dtd. 27/10/2016 passed by the Additional Motor Accident Claims Tribunal, Rajnandgaon, CG (for short 'the Tribunal') in Claim Case No. 212/2014. By the impugned award, against a claim of Rs.24,10,000.00, learned Tribunal has awarded the total compensation of Rs.14,53,650.00 in favour of the appellants / claimants on account of accidental death of Ramdas. The said accident occurred on 15/4/2014 on account of rash and negligent driving of the offending vehicle (Land Mine Vehicle) bearing registration No. C.G. 03/3190, by respondent No. 1. The offending vehicle was owned by respondent No. 2 / State of Chhattisgarh.

(2.) Since an amount of Rs.10,20,000.00 was paid by the police department / State of Chhattisgarh as ex gratia amount to the appellants / claimants, learned Tribunal while awarding the compensation deducted the same. It is worthwhile to mention here that learned Tribunal had initially quantified the compensation at Rs.14,53,650.00 but eventually after deducting the ex gratia amount of 10,00,000/- and Rs.20,000.00 for funeral expenses (total Rs.10,20,000.00) arrived at the compensation payable to the claimants at Rs.4,33,650.00 (Rs.4,38,650.00 mentioned wrongly in the impugned order).

(3.) As per the pleadings made in the claim application, the deceased was an Assistant Constable in the Police Department and at the relevant time he was discharging his duties in the land Mines Vehicle (for short 'LMV') for security purposes. When the police force including the deceased were going to Kahadabri from Maanpur, near a school in village Eragoan the offending vehicle turned turtle on account of the rash and negligent driving of its driver. As a result of the said accident, Ramdas suffered grievous injuries on his head and chest which eventually proved fatal to him leading to his on-the-spot death. Crime No. 36/14 for the offence under Sec. 279, 337, 338 and 304-A of IPC was registered against the driver of the offending vehicle. It is pleaded in the claim application that the deceased at the relevant time was aged about 40 years and was earning Rs.8,500.00 per month. The appellants/ claimants herein are said to have been fully dependent on the income of the deceased.