SMT. MAMTA Vs. KISHORE KUMAR

JUDGEMENT

(1.) The instant miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') has been preferred by the claimants/appellants for enhancement of the compensation awarded by the Additional Motor Accidents Claims Tribunal, Dhamtari vide impugned award dated 01.09.2014 passed in Claim Case No. 97/2014, whereby compensation in the sum of Rs. 2,75,000/- has been awarded in favour of the claimants/ Appellants. The Appellants had filed the claim petition seeking compensation to the tune of Rs. 6,00,000/- on account of death of their son Vikas Rajak, aged about 9 years.

(2.) The facts, in brief, are that on 29.04.2013 in the night, at 8.15, son of the Appellants' Vikas Rajak was coming from Dhamtari to his Village Parewadih along with his cousin brother Mahendra Rajak in the motor cycle. The motor cycle was being driven by Mahendra Rajak and Vikas Rajak was sitting behind the motor cycle as pillion rider. At that time, Respondent No.1 was driving truck bearing registration No. CG 04/G/3230 in a rash and negligent manner and dashed the motor cycle, which resulted into an accident. As a result of the accident, Mahendra Rajak and Vikas Rajak received grievous injuries on their body. They were got admitted in Christian Hospital at Dhamtari by the witnesses. During treatment, Vikas Rajak died in the hospital. First Information Report was lodged in Police Station City Kotwali Dhamtari, wherein Crime No. 152/ 13 was registered against respondent No.1 for offence punishable under Sections 279, 337, 338, 304A I.P.C. and after investigation a charge sheet was filed against him in the Court of Chief Judicial Magistrate, Dhamtari.

(3.) At the time of accident, deceased Vikas Rajak was about 10 years old and he was a student of 4th Standard. In the funeral of deceased Vikas Rajak, the Appellants incurred expenditure of about Rs. 40,000/- to 50,000/-. The Appellants filed a claim petition under Section 166 of the Act before the Tribunal seeking compensation to the tune of Rs. 6,00,000/- on account of death of their son Vikas Rajak.