TEJRAM AND ORS. Vs. SUKMATI AND ORS.

JUDGEMENT

(1.) SINCE both the appeals are arising out of the same claim case No. 05/2011, they are being disposed of by this common order. M.A(C). No. 888/2013 has been filed by the owner of the offending vehicle challenging the liability whereas M.A(C). No. 1014/2013 has been filed by the claimants seeking enhancement of compensation. By the impugned award dated 03.08.2013, the learned Additional Motor Accident Claims Tribunal has granted a total compensation of Rs. 2,20,000/ - and directed the owner non -applicants 1 and 3 to make good the payment.

(2.) BRIEF facts of the case are that on 04.11.2010 deceased Puniram Uraon was going to Village Charpali from Chandrapur. On the way at about 20.45 hours, near village Baharmuda, the motorcycle bearing Regn. No. C.G.13 -ZE -2238 driven by Lalit Nishad original, non -applicant No. 1, in a rash and negligent manner, dashed Puniram whereby he sustained injuries and subsequently he died. It was stated that at the time of accident the age of the deceased was 45 years and the claimant were completely dependent on him. It is further stated that Puniram used to earn Rs. 4000/ - per month being a labour. Consequently an amount of Rs. 14,00,000/ - was claimed. Non -applicant No. 1, Lalit Nishad who was driver of the vehicle remained ex -parte before this Court.

(3.) THE Tribunal after evaluating the evidence has passed the award of Rs. 2,20,000/ -. It is directed that respondents 1 & 3 namely Lalit Nishad and Tejram respectively shall pay the amount of compensation to the claimants. Therefore, the owner of vehicle Tejram has filed M.A.(C). No. 888/2013 whereas the claimants i.e., widow Sukhmati and 3 sons of deceased dnamely Laldas, Ramdas, Ramkumar have filed M.A.(C) No. 1014/2013.