RAI SINGH Vs. DILIP RAM

JUDGEMENT

(1.) This appeal filed by the appellant under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'Act of 1988') arises out of the award dtd. 3/9/2014 passed by First Additional Motor Accident Claims Tribunal, Ambikapur, Surguja (C.G.) (hereinafter referred to as 'Claims Tribunal') in Motor Accident Claim Case No.72 of 2011 awarding a compensation of Rs.1,23,000.00 with interest @ 7.5% per annum considering that appellant Rai Singh was not dependent on his brother Kalinder Ram, who died in the road accident.

(2.) Briefly stated facts of the case, are that, on 6/12/2009, at about 5:15 PM, Kalinder Ram and Shivratan Ram, who were working on the post of Shiksha Karmi Grade-III were going to their home at village Sidhama from Ambikapur on motorcycle, at that relevant time, while driving Tractor bearing registration No.CG-15-A-2198 and trolley bearing registration No.CG-15-A-2199 (hereinafter referred to as 'offending vehicle') by respondent No.1 Dilip Ram rashly and negligently, dashed the motorcycle, due to which, Kalinder Ram and Shivratan Ram suffered injuries and died. Thereafter, Crime No.792 of 2009 was registered against respondent No.1 at Police Station Ambikapur.

(3.) Appellant Rai Singh being elder brother of Kalinder Ram (deceased) filed a claim petition claiming compensation of Rs.47,66,000.00 pleading therein that Kalinder Ram was his younger brother and he is dependent upon the income of deceased.