MONGARA BAI Vs. RAJENDRA SINGH

JUDGEMENT

(1.) The claimants by filing this appeal are challenging the award dated 19th February, 2013 passed by Additional Motor Accident Claims Tribunal, Mungeli, Distt. Bilaspur (in short "the Tribunal") in Claim Case No.96/2011 whereby the Tribunal has awarded a total compensation of Rs. 4.47 lacs along with interest @ 6% per annum thereon from the date of application till realization in favour of the claimants, and seeking enhancement of the same.

(2.) Claimants' case in brief is that on 24.1.2011 at around 4-5 am while deceased Rajkumar was going on his bullock-cart, he was dashed by Truck bearing registration No. CG 10C/1917 (hereinafter shall be referred to as "offending vehicle") which was being driven by respondent No.1 in a rash and negligent manner as a result of which Rajkumar died on the spot itself. According to the claimants, at the relevant time the deceased was 39 years of age and was earning Rs. 9,000/- per month by selling clothes. Thus, the claimants being dependents on the deceased, by filing application under Section 166 of the Motor Vehicles Act, 1988 (in short "the Act") claimed a total sum of Rs. 30 lacs under various heads as compensation against the death of Rajkumar.

(3.) Respondents No.1 & 2/driver & owner of the offending vehicle filed their written statement, denied all the adverse averments made in the claim petition and stated that since at the relevant time the offending vehicle was insured with respondent No.3/insurance company, liability, if any, to pay compensation is of respondent No.