DHANESHWARI YADAV Vs. RAJENDRAA SINGH CHABRA

JUDGEMENT

(1.) THIS is claimant's appeal for enhancement of the compensation awarded by the Fifth Additional Motor Accident Claims Tribunal, Ambikapur (for short 'the Tribunal'), vide award dated 09-08-2004, passed in Claim Case No. 11/2004.

(2.) THE claimant, unfortunate widow of deceased Hanshlal Yadav claimed compensation of Rs.44,15,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 01 -03-2004, when lis bicycle was dashed by the offending vehicle Bus bearing registration No.CG15A 2155, resulting in multiple serious injuries to Hanshlal Yadav, who succumbed to hose injuries on the spot itself. The claimant further pleaded that her husband Hanshlal Yadav used to earn Rs.8,000/- per month from Agriculture and by selling Milk.

(3.) THE claimant examined AW 1 Dhaneshwari Yadav and AW2 Ramavatar ; Yadav in support of her claim, whereas the insurer of the offending vehicle Bus examined NAW1 Ajay Pal Gupta in rebuttal.