BIRJANIYA BAI Vs. GANGA PRASAD

JUDGEMENT

(1.) By the instant appeal, the appellants/claimants are challenging the legality, validity and propriety of the impugned award dated 04/12/2012 passed by the Additional Motor Accident Claims Tribunal, Pendra Road District Bilaspur (C.G.) (hereinafter referred to as the 'Claims Tribunal') in Motor Accident Claim Case No. 48/2009 whereby the learned Claims Tribunal has partly allowed the claim application filed by the appellants/claimants.

(2.) Brief facts of the case, are that, on 22/06/2009 Dashrath was travelling on his motorcycle and going to village Dola from village Bijuri, at that relevant time, when he reached near Nandgaon, the Pick-up (offending vehicle) bearing registration No. MP-18 H/4534 driven by respondent No. 2, rashly and negligently dashed the motorcycle of Dashrath. In aforementioned accident, Dashrath sustained grievous injury over his body and he was immediately taken to the Central Hospital Amakherwa, Manendragarh, where during the course of treatment, he succumbed to the accidental injuries. Thereafter, the matter was reported to the concerned Police Station.

(3.) For the reasons stated above, the appellants/claimants who are widow and daughter of late Dashrath filed claim application before the competent Claims Tribunal stating therein that on the date of accident, the deceased was employed in South Eastern Coal Field Limited on the post of Driller and was drawing Rs. 23,559/- per month as his salary. They further pleaded that the deceased was also receiving quarterly and yearly bonus from the employer and also pleaded that as they were fully dependent upon the deceased, and therefore, they may be awarded compensation to the extent of Rs. 42,27,000/- in total on all heads.