KEWLA BAI Vs. RAJU YADAV

JUDGEMENT

(1.) This is an appeal for enhancement of compensation preferred against the impugned award dtd. 28/2/2017 passed by Motor Accident Claims Tri- bunal, Katghora, District Korba in Claim Case No. 28/2015 in connection with the death of Ramavtar Sahu in a road accident.

(2.) The claimants herein are the widow and minor children of the deceased. The accident is said to have occurred on account of the rash and negligent act of respondent No.1 - the driver of offending vehicle i.e. Tractor bearing registration No. CG-04-DA-4520 and Trolley No. CG-04-DM-2480. Deceased is pleaded to have been aged about 35 years at the relevant time earning Rs.12,000.00 per month by doing a private job. The compensation claimed was Rs.1,10,00,000.00.

(3.) Learned Tribunal however dismissed the claim of the claimants inter alia holding that the claimants have not been able to prove that the accident took place due to rash and negligent driver of the offending vehicle by its driver. Hence this appeal.