SUNITA Vs. MALKIT SINGH

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short MV Act) is against the impugned award dtd. 11/1/2017 passed by the 1st Additional Motor Accident Claims Tribunal, Durg, District Durg, CG (for short Tribunal) in claim case No. 294/2015.

(2.) Facts of the case in brief is that the appellants / claimants filed a claim application under Sec. 166 of MV Act, claiming compensation of Rs.78,35,000.00 from the respondents on account of death of Raju Hathimare (herein after referred to as deceased). On 16/7/2015 the deceased was going to his work place on motorcycle bearing registration No. MH-35 W-2533 and while crossing Durg -Dhamdha, the offending vehicle i.e. car bearing registration No. CG04 H- 6165 which was being driven by the respondent No. 1 herein in rash and negligent manner, came from behind and hit his motorcycle, as a result of which he suffered severe injuries and died on the spot.

(3.) The deceased was engaged in transport business in the name of Sai Haiker Service and was earning Rs.30,000.00 per month. He was aged about 36 years and the appellants / claimants were dependent upon the income of the deceased.