SMT.GAURI SONKAR Vs. SHATRUHAN @ MADAN SAHU

JUDGEMENT

(1.) The instant appeal is against the award dated 2nd July, 2014 passed by the Additional Motor Accident Claims Tribunal, Dhamtari in claim case No.01/2014. Claim case was filed by Gauri Sonkar and six minor children being dependant of the deceased Radhe Sonkar.

(2.) As per the case of the claimants, deceased Radhe Sonkar was working as a helper in truck which was owned by non-applicant No.2 Naresh Kumar Lahre which was insured with non-applicant No.-3 Sriram General Insurance Company Limited on 12/03/2013. Truck was coming to Dhamtari with the goods at Keskal Ghati the truck bearing No. CG 04/G/ 2481 which was driven by non-applicant No.1 Satrughan turned the vehicle in rash and negligent manner whereby Radhe Sonkar who was sitting in the cabin fell out of truck and sustained injuries. He was declared dead when brought to the hospital. It was stated that Radheshyam Sonkar was 34 years of age. He was helper and mechanic of the truck and used to earn Rs.7000/- per month apart from daily allowance of Rs.100/- whereby he used to earn Rs.10,000/- per month. Consequently, an amount of Rs.64 lakhs was claimed. During adjudication of the claim petition, it was held that at the relevant time driver of the truck i.e. non-applicant No.1 bearing No. C.G. 04/G/2481 had driven the vehicle rashly and negligently and the vehicle was owned by non-applicant No.2 whereby the deceased thrown away from the truck and died. These findings are not under challenge. The tribunal also came to conclusion that at the relevant time there was no breach of condition of the terms of insurance. Consequently, the insurance company was made liable to pay the compensation. Instant appeal is for enhancement of the award which was of Rs.4,48,000/-.

(3.) Learned counsel for the appellants would submit that the learned tribunal has failed to assess the income and also future prospect. It is also submitted that amount for loss of love and affection to six children and the wife and loss of consortium also not been properly given, therefore suitable enhancement be made.