ARJUN SINGH Vs. AJAY SHUKLA

JUDGEMENT

(1.) The appellants/claimants by filing this appeal u/s 173 of the Motor Vehicles Act, 1988 are seeking enhancement of the amount of compensated awarded by Additional Motor Accident Claims Tribunal, Pendra Road, Distt. Bilaspur (in short "the Tribunal") in Claim Case No.17/2012 vide award dated 31.10.2013.

(2.) Claimants' case in brief is that on 7.12.2011 when their father Mangal Singh, aged 44 years, earning Rs.10,000/- per month being Manager of Dhanopaj Samiti, Dhanpur, was going on his motorcycle bearing registration NO. CG 10 EF 0498 through Penda-Shivni road to his home, at about 7.15 pm his vehicle was dashed by offending vehicle tractor bearing No. CG 10D 2826 which was being driven by respondent No.1 in a rash and negligent manner as a result of which Mangal Singh suffered grievous injuries and ultimately died during the course of treatment on 3.1.2012 in Medical College Hospital, Raipur. Thus, the claimants being dependents on the deceased, by filing application under Section 166 of the Motor Vehicles Act, 1988 claimed a total sum of Rs.21,68,600/- under various heads as compensation against the death of Mangal Singh.

(3.) Respondents No.1/driver & owner of the offending vehicle filed his written statement, denied all the adverse averments made in the claim petition and stated that the deceased was riding motorcycle in drunk condition, no accident occurred with the offending vehicle, he died due to his own negligence and even otherwise, as the offending vehicle was insured with respondent No.2, liability, if any, to pay compensation is of respondent No.2.