R.K.TRANSPORT & CONSTRUCTION Vs. SHANKAR BESRA

JUDGEMENT

(1.) With the consent of learned counsel appearing for the parties, the case is heard finally.

(2.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short "Act of 1988") is filed by the appellant (owner) of the offending vehicle- Bolero Pick-up No. CG-12-AN-4525 challenging the award dtd. 23/4/2019 passed by learned Third Motor Accidents Claims Tribunal, Bastar at Jagdalpur in Claim Case No.20 of 2018, whereby claim application filed by the respondents No.1 to 3/claimants has been partly allowed.

(3.) Facts relevant for disposal of this appeal are that respondents No. 1 to 3/claimants filed an application under Sec. 166 (1) and Sec. 140 (1) of the Act of 1988 before the learned Third Additional Motor Accident Claims Tribunal, Bastar at Jagdalpur, pleading therein that on 25/06/2017, Lachhandai, along with her husband Shankar Besra, was returning home on a motorcycle after meeting her relative. When they were standing along with motorcycle on the side of the road near Hatguda Cricket Ground, at the same time, non-applicant No.1/ driver of the Bolero vehicle bearing registration number CG 12 AN 4525 driving the vehicle in a rash and negligent manner, dashed the motorcycle driven by claimant- Shankar from the front, caused an accident in which Shankar Besra suffered serious injuries on his head, legs and other parts of the body. Lachhandai suffered severe injuries on her head, legs and other parts of the body, she was taken to Maharani Hospital, Jagdalpur for treatment where Lachhandai died. The applicants are husband and sons of Lachhandai. She was about 35 years old, healthy and hardworking, running a vegetable business and earning monthly income of Rs.10,000.00 . Her sudden death has caused extreme physical, mental and financial loss to the applicants. Hence, they claimed for total compensation of Rs.26,70,000.00 from non-applicants under various heads.