VEENA TIWARI AND ORS. Vs. LEKHRAM AND ORS.

JUDGEMENT

(1.) Challenge in this appeal is to the award dated 29.9.2006, passed in Claim Case No. 104/2005, by the Additional Motor Accident Claims Tribunal, Bemetara, District Durg, whereby as against the claim raised for Rs. 74,50,000, an award of Rs. 3,17,000 was passed.

(2.) The instant appeal is by the claimants.

(3.) Briefly stated facts of the case are that on 1.6.2005, at about 1.00 p.m., the deceased Ramjhar Tiwari was travelling on his motor cycle bearing registration No. C.G.-07-L-8140 driven by the non-applicant No. 1, Lekhram @ Lekhu @ Khelu and were going to Bemetara from Simga. The deceased, Ramjhar Tiwari was a pillion rider in a motor cycle. It was alleged by the claimants that the non-applicant No. 1 at the relevant time drove the vehicle in a rash and negligent manner, whereby the motor cycle met with an accident. Consequently, the deceased, Ramjhar Tiwari fell down and lost his conscious, subsequently, he was admitted to the hospital and on 4.6.2005 the deceased succumbed to the injuries. It was stated that at the time of accident, the age of the deceased was 40 years and was further stated that at the time of accident, the deceased used to earn Rs. 1,80,000 per annum and was a driver of jeep No. C.G.04-ZP-3501 owned by him only.