MANOJ KUMAR Vs. RAM MILAN SINGH

JUDGEMENT

(1.) This appeal under Sec. 173 of Motor Vehicles Act, 1988 (for short "MV Act") has been filed challenging the award dtd. 14/9/2018 passed by the learned Additional Motor Accident Claims Tribunal, Raipur (Chhattisgarh) in Claim Case No.42 of 2017.

(2.) As per the pleadings of the claim application filed under Sec. 166 of the MV Act, the claimants are sons of the deceased Harakchand Yadav who was a retired employee of BSNL. On 5/9/2016 at about 4.20 p.m., respondent no.1 who was driving the offending Truck bearing No.C.G.07/BB/8710 in rash and negligent manner hit the motor cycle bearing No.C.G.04 Dy/9447 near Power House Bus-Stand , P.S. Chhavani, Distt. Durg, as a result of which, the the motorcycle riders Harakchand Yadav and Manbhavati Yadav sustained grievous injuries and died. The claimants being sons and legal heirs of deceased filed claim application seeking a total compensation of Rs.26,50,000.00 on various heads.

(3.) The learned claims Tribunal has held that the claimants are married persons of aged about 40 and 38 years respectively and they were not dependents on the deceased's pension, therefore, the claimants are not entitled to receive compensation for loss of dependency due to the death of the deceased, however, a lump sum amount of Rs.75,000.00 on all heads.