VANDANA MISHRA Vs. ISHATDEV KUSHWAHA

JUDGEMENT

(1.) As in the case at hand, liability to satisfy the amount of compensation awarded by learned Claims Tribunal is upon respondent No.3/Insurance Company, therefore, with the consent of learned counsel appearing for the parties, the case is heard finally.

(2.) This is the claimants' appeal filed under Sec. 173 of the Motor Vehicles Act, 1988 (for short "Act of 1988") seeking enhancement of amount of compensation awarded by learned Second Additional Motor Accidents Claims Tribunal, Raipur (CG) vide award dtd. 12/9/2018 passed in Claim Case No.794 of 2016.

(3.) Facts relevant for disposal of this appeal are that applicants/claimants filed an application under Sec. 166 of the Act of 1988 before the learned Second Addl. Motor Accident Claims Tribunal, Raipur, pleading therein that on 14/10/2014 when Shubham Mishra along with her friend Anisha alias Anita Chauhan was coming towards Raipur on motorcycle no. CG-04 KF-0621, at about 1:30 pm in afternoon, near village Serikhedi, in front of DS Construction, non-applicant No.1 driving a Transit Mixture Vehicle no. MH-34/AB-8202 rashly and negligently dashed against the motorcycle, as a result of which, Shubham Mishra and her friend Anisha alias Anita Chauhan suffered grievous injuries. They were taken to Medical Hospital Raipur for their treatment, however, they were declared to be dead by the doctors. Shubham Mishra was a 20 years young boy at the time of the accident, who was a meritorious student pursuing his studies in B.E. (Computer Science and Engineering) Third Semester in Govt. Engineering College Bilaspur affiliated with Chhattisgarh Swami Vivekanand Technical University, Bhilai. The appellants/claimants being parents of deceased-Shubham Mishra will be surrounded by physical and financial problems throughout their lives due to the sudden death of their son in the accident. The applicants have prayed for grant of compensation of Rs.11,00,000.00 under various heads from the non-applicants.