REWATI BAI Vs. BODHAN THAKUR

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accidents Claims Tribunal, Dhamtari, (for short, "the Tribunal') vide award dated 30.10.2006, passed in Claim Case No. 13/2005.

(2.) The Appellants/claimants, unfortunate widow, minor children and mother of deceased Homan Singh Mandavi claimed compensation of Rs. 19,25,000.00 by filing a claim petition under Section 166 of the Motor Vehicles Act (for short:, 'the Act'), for his death in the motor accident on 10.11.2004 when the Metador beating registration No. C.G. 04ZB/0121 in which he was travelling as a labour met with an accident and over-turned due to rash and negligent driving of its driver resulting in multiple serious injuries to Homan Singh Mandavi who succumbed to those injuries during the course of his treatment in Masihi Hospital, Dhamtari. The claimants pleaded that deceased Homan Singh Mandavi used to earn Rs. 150.00 per day as Porter (Hamal).

(3.) The owner and driver of the offending vehicle Metador did not contest the claim and were proceeded ex parte.