SANTOSH KUMAR CHOUHAN Vs. NATWAR SHARMA

JUDGEMENT

(1.) 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 Seventh Additional Motor Accidents Claims Tribunal, Raigarh (CG) vide award dtd. 30/9/2019 passed in Motor Accident Claim Case No.44 of 2017.

(3.) Facts relevant for disposal of this appeal are that appellants/claimants filed an application under Sec. 166 of the Act of 1988 before the learned Motor Accident Claims Tribunal, Raigarh (CG), pleading therein that they are legal heirs of deceased -Nanki Daau Chauhan. Deceased Nanki Daau was working as Cleaner on Swaraj Mazda Vehicle No. C.G. 10/W 9153. On 25/3/2017 at about 11.30 pm, when deceased- Nanki Daau was going from Raigarh to Bilaspur in the said vehicle, on the way, driver of the Swaraj Mazda vehicle driving it rashly and negligently, dashed against a Neem tree and caused an accident. In the said accident, Nanki Daau, sitting in the vehicle, suffered serious injuries and died on the spot. At the time of the incident, deceased Nanki Daau was 27 years old, earning Rs.6,500.00 per month by working as a Cleaner, and from the said income, he was maintaining applicants i.e. his siblings. They prayed for grant of compensation of Rs.36,14,000.00 with interest from the non-applicants.