KIRAN KUJUR Vs. AJAY KUMAR TIWARI

JUDGEMENT

(1.) This is an appeal filed by the Appellants/Claimants under Section 173 of the Motor Vehicles Act, 1988 (for short, "the Act") against the award dated 30.1.2010 passed by Additional Motor Accidents Claims Tribunal (FTC), Pratappur, Dist. Surguja (C.G.) (for short, "the Tribunal") in Claim Case No.56/2008, for enhancement of the compensation awarded by the Tribunal.

(2.) By impugned award dated 30.1.2010, a total sum of Rs.17,46,200/- with simple interest thereon at the rate of 7.5% per annum from the date of filing of claim application till its realisation has been awarded by the Tribunal as compensation in favour of the Appellants/Claimants on account of death of Balkumar (hereinafter called 'deceased') in the accident in question, fastening the liability for payment of the same jointly and severally upon Respondents No. 1, 2 and 3 who were driver, owner and insurer respectively of vehicle (Bus), bearing Registration No. CG15- A/4476 (hereinafter called "offending vehicle").

(3.) Brief facts of the case as per the claim application are that at the relevant point of time the deceased, who was aged about 35 years, was posted as Overman at Shivani Project of South Eastern Coalfields Limited, Bhatgaon Colliery, and was drawing a monthly salary of Rs.39,000/-. On 6.8.2008 at about 4:30 p.m., when the deceased after getting Appellants No. 1, 2 and 3 onto the bus was going to take his motorcycle which was parked at the other side of the road in the corridor of the house of one Amarjeet Sardar and at the same time the Respondent No.1, Ajay Kumar Tiwari, rashly and negligently driving the offending vehicle hit the deceased which resulted in sustaining of grievous injuries to the deceased. The deceased was then immediately taken to the Ambikapur hospital for treatment. Thereafter, on account of his grievous injuries he was referred to Apollo Hospital at Bilaspur for his better treatment where he was treated from 9.8.2008 to 14.8.2008. However, on 14.8.2008 at 4:00 pm he died at the hospital.