CHANDRAMANI NISHAD Vs. DINESH KUMAR SONI

JUDGEMENT

(1.) This appeal is filed by the appellant/claimants seeking enhancement of the amount of compensation awarded by the learned Claims Tribunal in its award dtd. 19/8/2019 passed by the Motor Accident Claims Tribunal, Durg, District - Durg (C.G.) in Claim Case No. 473/2018. The learned Claims Tribunal while allowing the claim application in part has awarded a total sum of Rs.9, 36, 550.00.

(2.) Facts of the case in brief are that, on 12/2/2018 at about 07:30 P.M., when the appellant's husband namely Suresh Nishad (since deceased) was standing beside the road, at that time, the offending vehicle i.e. Hyundai Santro bearing registration no. CG 04 B 8874 driven by the Respondent No. 1 in a rash and negligent manner, dashed Suresh Nishad and caused accident. In the said accident, Suresh suffered serious injuries, he was taken to Hospital in the same car for treatment, but he succumbed to injuries during treatment. Subsequent to the accident, a crime was registered against the Respondent No. 1 bearing Crime No. 161/2018 at P.S. Nandini, District - Durg for the alleged offences punishable under Ss. 279, 304 (A), of the Indian Penal Code, 1860.

(3.) Learned counsel for appellant submits that the learned Claims Tribunal erred in assessing the income of the deceased as Rs.8,450.00 considering the minimum wages fixed for Unskilled Labourer overlooking the pleadings and the evidence that the deceased was earning Rs.350.00 to Rs.450.00 per day. He next contended that the learned Claims Tribunal erred in assessing the age of the deceased to be more than 50 years on the basis of the copy of the Aadhar Card produced by the non-appellants. However, it has not been proved by them as from where and how, they have obtained the said copy of the Aadhar Card wherein, the date of birth of the deceased is mentioned 15/5/1967 whereas, the date of birth of the deceased is 18/9/1982 as mentioned in the School Leaving Certificate issued by the Head Master, Government Middle School, Bodegaon, Block & District - Durg. Claims Tribunal has exhibited the document placed on record by the non-appellants putting the question upon Smt. Chandramani Nishad (AW - 1) with respect to the date of birth mentioned therein which is erroneous.