BAHUR SINGH SAHU Vs. NAND KUMAR JANGDE

JUDGEMENT

(1.) THIS is claimant's appeal for enhancement of the compensation awarded by the Second Additional Motor Accidents Claims Tribunal, Raipur (for short, 'the Tribunal') vide award dated 29.11.2004, passed in Claim Case No.29/2004. The appellants/ claimants, unfortunate husband and children of deceased Radha Bai Sahu, claimed compensation of Rs.4,85,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death in the motor accident on 14.05.2003, when the Bus bearing registration No. C.G.08-ZA/0164 in which she was travelling was dashed by the offending vehicle Dumper bearing registration No. C.G.04-ZC/7214, resulting in multiple serious injuries to Radha Bai Sahu who succumbed to those injuries. The claimants further pleaded that deceased Radha Bai Sahu was aged about 50 years and used to earn Rs.100/- per day as Labourer.

(2.) THE owner, driver and insurer of the offending vehicle Dumper contested the claim and denied their liability to pay compensation to the claimants on the plea that the driver of the bus himself was responsible for the accident. THE insurer took the further plea that the driver of the offending vehicle Dumper was not holding a valid driving licence and the Dumper was being plied in breach of the policy conditions.

(3.) SHRI Goutam Khetrapal & SHRI Rakesh Sahu, learned counsel for respondent No.3 The National Insurance Company Limited, on the other hand, supported the award and contended that the compensation of Rs. 1,12,600/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case as the claimants could not establish that the deceased had any regular income.