LAWS(CHH)-2018-10-42

RADHIKA KORRAM Vs. VISHNU PUJARI

Decided On October 05, 2018
Radhika Korram Appellant
V/S
Vishnu Pujari Respondents

JUDGEMENT

(1.) The present is an appeal under Section 173 of the Motor Vehicles Act, 1988 preferred by the Claimants, seeking enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Bastar vide award dated 25.04.2018 passed in Claim Case No. 02 of 2017.

(2.) The claimants/Appellants, unfortunate mother and father of deceased-Kamlesh Korram aged about 23 years, claimed compensation of Rs. 66,02,000/- by filing a claim petition under Section 166 (1) and Section 140 (1) of the Motor Vehicles Act, 1988 (Amended Act 1994) for death of their son in the motor accident.

(3.) The facts of the case are that on 06.06.2015, the deceased and his friends went to Village Markatola from Jagdalpur to attend marriage ceremony of his friend Devendra by Scorpio bearing registration No. CG 04 HC 3269. After attending marriage when they were returning to Jagdalpur, Respondent No.1, driver of Scorpio, driving the said vehicle in a rash and negligent manner dashed the vehicle on a tree in front of Joga Dhabha and lost the control on the vehicle and the vehicle overturned. As a result thereof, the deceased died on the spot itself. The deceased sustained injuries and succumbed to those injuries.