KUMKUM DAS Vs. KOMAL NAGESH

JUDGEMENT

(1.) Appellants/Claimants have assailed the impugned award dated 21.11.2014 passed by learned Additional Motor Accident Claim Tribunal (for short, 'the Tribunal'), Bhanupratappur, district UB-Kanker in Claim Case No.18 of 2013, whereby learned Tribunal partly allowed the claim of compensation made by the appellants.

(2.) Brief facts relevant for disposal of this appeal are that on 17.08.2012 at about 9 pm Sapan Das @ Swapn Das was standing by the side of road at Bhanbeda waiting for the conveyance to go to Bhanupratappur. At that relevant time, one Scarpio (Jeep) bearing No.CG-19-D-0306 being driven by respondent- 2 rashly and negligently, dashed Sapan Das due to which he sustained grievous injuries over his backbone and other parts of the body. Injured Sapan Das was immediately taken to Hospital at Bhanupratappur, from where he had been referred to BSR Hospital, Bhilai, where he took treatment from 18.08.2012 to 09.09.2012 but thereafter, looking to the expensive treatment and shortage of money, injured Sapan Das was shifted to Dr BR Ambedkar Hospital, Raipur. He succumbed to injuries on 10.09.2012 at Dr BR Ambedkar Hospital, Raipur.

(3.) Due to the aforementioned reasons, appellants/claimants filed claim application mentioning therein that the deceased on the date of accident was aged about 44 years and doing the work of a driver and was earning Rs.5,000/- per month towards salary and Rs.100/- per day towards daily allowance, thereby earning about Rs.8,000/- per month. Appellants were dependants on deceased Sapan Das therefore, they filed claim application before competent claims Tribunal claiming Rs.17,72,377/- as compensation (including Rs.3,17,377/- as medical expenses).