CHHOTI RAO Vs. RAMGILAS KAIWARTYA

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short MV Act) has been filed by the appellants/claimants being aggrieved by the award dtd. 17/5/2019 passed by the II Additional Motor Accident Claims Tribunal Baloda Bazar, District- Baloda Bazar - Bhatapara, (CG) in Claim Case No. 40/2018.

(2.) By the impugned award, the learned Tribunal has awarded compensation of Rs.09,88,000.00 to the appellants/claimants, on account of the death of deceased/Goverdhan Rao in an accident that took place on 12/12/2017 by rash and negligent driving of the offending vehicle (Bulker Capsule) bearing Registration No. C.G.-07-BJ-2984, driven by driver/respondent No.1- Ramgilas Kaiwartya, Owned by respondent No. 2/Malkit Singh, insured with the respondent No. 3/H.D.F.C. Agro General Insurance Co. Ltd. As a result of the said accident, the deceased/Goverdhan Rao sustained severe injuries, due to which he died.

(3.) As per the pleadings, the deceased/Goverdhan Rao was aged about 28 years old and used to sell Bhel and Gup-Chup and was earning Rs.800.00 per day. The appellants/claimants were dependent upon the income of the deceased.