DURGA BAI @ RUPWATI CHOUHAN Vs. SANTOSH KUMAR SONI

JUDGEMENT

(1.) HEARD. This appeal arises from the award dated 31.10.2007, passed by the Fourth Additional Motor Accident Claims Tribunal (F.T.C.), Raigarh in Claim Case No. 41/2006 (DurgaBai v. Santosh Kumar Soni and Ors.). The Tribunal had passed this common award dated 31.10.2007, disposing of the Claim Case No. 40/2006 (Ravishankar v. Santosh Kumar soni and Anr.) also.

(2.) THE claim of the Appellant/claimant (Smt. Durga Bai @ Rupwati Chouhan) before the Tribunal was that she is real sister of deceased Basanta Chouhan, who died on account of the alleged accident, which had taken place on 20.4.2006 at about 9.45 p.m. at Rambhantha, Sanjay Maidan, Raigarh due to rash and negligent driving of the driver (Respondent No. 1) of the vehicle Tata Sposio, bearing registration No. C.G. 11-B/6867. THE Appellant/claimant was livinig with the deceased as she was a widow and she had no issue. THE Appellant/ claimant was having pain in her backbone, therefore, the deceased was taking care of the Appellant/claimant. Thus, she was dependent on the deceased Basanta Chouhan.

(3.) THE claim of the Appellant as well as the Respondent No. 3 was rejected on the ground that they have failed to establish that they were dependents of the deceased.