LAWS(CHH)-2025-4-34

ASHOK PRASAD TAMRAKAR Vs. MD. SAJID ANSARI

Decided On April 02, 2025
Ashok Prasad Tamrakar Appellant
V/S
Md. Sajid Ansari Respondents

JUDGEMENT

(1.) Appellants-claimants have filed this appeal seeking enhancement of compensation awarded by learned Additional Motor Accident Claims Tribunal, Kunkuri, District Jashpur (for short 'the Claims Tribunal') vide award dtd. 27/11/2019 passed in MACT Case No.12/2018.

(2.) Facts of the case, in brief, are that on 12/5/2017 the Seema @ Sunita Devi (since deceased) was returning from Raipur to her home situated in village village Kunkuri in a bus of Royal Bus bearing registration number CG04-EA-0364. Driver of bus drove it at high speed, rashly and negligently which resulted in overturning in a field beside the road near village Lahpatra due to which she sustained grievous injuries on her stomach, chest, left hand and other parts of the body. She was taken to Lakhanpur Health Centre where she was given primary treatment and thereafter looking to seriousness of injuries sustained by her, she was referred to Holy Cross Hospital, Ambikapur. Thereafter, said Seema was hospitalized in Jeevan Jyoti Hospital, Ambikapur, where she died during treatment on 13/5/2017. In connection with the said accident, First Information Report No.89/2017 dtd. 1/6/2017 was registered in Police Station Lakhanpur under Ss. 279, 304A IPC against non-applicant No.1.

(3.) Non-applicant No.1 and 2 / respondents No.1 and 2 herein did not appear before the Claims Tribunal and therefore, they were proceeded ex-parte.