SHYAM BAHADUR THAPA Vs. GAURENDRA SINGH SENGARLABIC

JUDGEMENT

(1.) This is appellants/claimants' appeal seeking enhancement of compensation awarded by 1st Additional Motor Accident Claims Tribunal, Baloda Bazar, District Baloda Bazar (for short 'the Tribunal') in claim case No. 64/2014 vide award dated 06.05.2015.

(2.) Facts of the case leading to filing of claim petition are that on the fateful day i.e. 13.03.2014 at about 5 pm Reenu Thapa (since deceased) was going with her father in the motorcycle CD-Don bearing registration No. CG 04 CN/0120, near HDFC bank, Baloda Bazar, a truck bearing registration No. MP 17 H.H/1911 driven by respondent No. 1- Gaurendra Singh Sengar rashly and negligently, dashed the motorcycle, as a result of which Reenu Thapa sustained multiple injuries and thereafter she was taken to Govt. Hospital, Baloda Bazar where she was declared dead. As per marksheet of the deceased (Ex. A-15), she was aged about 23 years at the time of accident.

(3.) As against compensation of Rs. 32,90,000/- claimed by unfortunate parents of deceased - Reenu Thapa by filing application under Section 166 of the Motor Vehicles Act, 1988 (for short 'MV Act') for her death in the motor accident on 13.03.2014, the Tribunal awarded a total sum of Rs. 04,62,000/- as compensation along with interest @ 7% per annum from the date of application till its actual payment.