ANANDRAM Vs. JHADURAM

JUDGEMENT

(1.) This appeal under Section 173 of Motor Vehicle Act 1988 is directed against the award dated 29/07/2005 passed by 9th Additional Motor Accident Claims Tribunal (FTC) Raipur in Claim Case No. 36/2005, wherein the claim of appellant was allowed and Rs. 50,000/- has been awarded as compensation.

(2.) Appellant filed petition under Section 166 of the Motor Vehicles Act claiming that his mother-deceased Smt. Bhangan Bai expired in a road accident on 19/03/2004. The accident was caused by when she was travelling in jeep No. C.G. 04 ZA 2091 which collided with truck No. C.G. 04 G 3904 within the jurisdiction of Police Station, Kharora. Respondent No. 1 was the driver of the truck, the respondent No. 2 is the registered owner of the truck and respondent No. 3 was the insurer in the relevant period arraying them as party, claim was preferred. The appellant claimed that he was dependent of deceased Bhangan Bai. He claimed Rs. 15 Lakhs for loss of dependency, Rs. 5 Lakhs for mental agony and Rs. 5 Lakhs for lack of maternal for love and affection, in total claimed of Rs. 25 Lakhs was made.

(3.) Respondents No. 1 & 2 denied all the averments made in the claim application and stated that the age of deceased at the time of her death was 70 years. She had no earning of her own, hence appellant was not entitled for loss of dependency and amount in other claims.