KALA DEVI AGRAWAL @ KALAWATI Vs. SIYARAM GOND

JUDGEMENT

(1.) This is an appeal against the award dated 26th Sept. 2014 passed in claim Case No.90/2011 by the Additional Motor Accidents Claims Tribunal, Katghora, Distt.Korba whereby the Tribunal has partly allowed the claim petition of the claimants.

(2.) Brief facts of the case as pleaded by the claimants are that on 10.07.2011 in the night, deceased Shankraj after closing down his shop at Champa was coming back to his house at Champa Shivni by riding motorcycle. At that time, a Truck bearing Regn. No. C.G.11 - AB/0389 driven by non -applicant No.1 Siyaram Gond in rash and negligent manner dashed the motorcycle of deceased from behind whereby the deceased died on the spot. The claim petition was initially filed by the mother, father, brother & sister of the deceased Shankraj Agrawal. During the pendency of the petition, father of deceased namely Suresh Jain died and his name was deleted. As was stated, Suresh Jain was suffering from cancer. It was pleaded that at the time of death, Shankraj was aged about 21 years. He was running daily & provision stores and was earning Rs.13,000/ - per month. The applicants have claimed a total compensation of Rs.40 lakhs for the death of deceased on various heads. In addition, they have also claimed Rs. 5 lakhs for the treatment of Suresh Jain, father of deceased.

(3.) Respondents/non -applicants 1 and 2, the owner and driver of the vehicle refuted the averments of the claim petition and contended that at the time of accident, the vehicle was insured with Respondent No.3. It was further stated that no accident has actually happened with the offending vehicle but since the deceased was driving the motorcycle at a high speed, he could not control the vehicle and fell down into a pit by the side of and therefore, he sustained injuries. So it was prayed that the claim petition be dismissed.