RAJU DHRUV Vs. PRADEEP KUMAR PATEL

JUDGEMENT

(1.) The appellants/claimants who are unfortunate children of deceased Rukhmani Bai Dhruv have challenged the impugned award dated 31/07/2012 passed by learned Motor Accident Claims Tribunal, Mahasamund (C.G.) (in short 'the Claims Tribunal') in Claim Case No.11/2011, whereby the learned Claims Tribunal had awarded only Rs. 1,02,000/- as total compensation on account of the death of a mature women, aged about 55 years.

(2.) Brief facts of the case are that on 10/10/2010, the respondent No. 1 who was driver-cum-owner of the Mahindra Tractor (offending vehicle) bearing registration No. CG 04/DM/5598 by his rash and negligent act while driving the offending vehicle have dashed the deceased Rukhmani Bai Dhruv (pedestrian), due to which, she suffered multiple grievous injuries on her person. Thereafter, she was taken to Primary Health Center, Pithora, where, she was declared dead. Criminal Case No.711/2010 was registered against the respondent No. 1 under Section 304 (A) IPC.

(3.) The appellants, who are children of the deceased Rukhmani Bai have filed a claim application before the competent Claims Tribunal claiming Rs. 7,90,000/- in total on account of accidental death by motor vehicle and also for granting the amount towards the no fault liability during the pendency of main claim application.