HEMA DEVI YADAV Vs. DHARMENDRA KUMAR MEHTA

JUDGEMENT

(1.) This is claimants' appeal seeking enhancement of compensation awarded by the First Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') in claim case No. 122/2011 vide award dated 10.09.2012.

(2.) Facts of the case leading to filing of claim petition are that on the fateful day i.e. 28.05.2011, deceased namely Vinod Yadav was driving truck bearing registration No. CG 12/C-3356 from Raipur to Korba, at that time, the respondent No. 1 was coming from Bilaspur-Korba side by driving his offending vehicle trailer bearing registration No. CG 04 JB/8349 rashly and negligently and dashed the truck of the deceased namely Vinod Yadav, as a result of which, Vinod Yadav sustained several injuries and thereafter died during treatment in CISM Hospital.

(3.) The widow, children and parents of deceased Vinod Yadav, aged about 28 years, by filing application under Section 166 of the Motor Vehicles Act, 1988 (for short 'MV Act') claimed compensation of Rs. 24,56,000/- for the death of deceased in the motor accident on 28.05.2011. However, the Tribunal awarded a total sum of Rs. 4,34,500/- as compensation along with interest @ 6 percent per annum from the date of application till its actual payment.