LAWS(CHH)-2009-9-39

PHEKNIBAI Vs. BARATLAL

Decided On September 07, 2009
Pheknibai Appellant
V/S
Baratlal Respondents

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Janjgir, District Bilaspur (for short, 'the Tribunal') vide award dated 25.10.1999, passed in Claim Case No.22/ 1997.

(2.) THE appellants/ claimants, unfortunate widow, minor children and mother of deceased Samarulal claimed compensation of Rs.23,82,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 26.12.1996 when his bicycle was dashed by the offending vehicle Bus bearing registration No. M.P.26-C-5652, resulting in his instantaneous death on the spot itself. The claimants further pleaded that deceased Samarulal was aged about 38 years and used to contribute Rs.4,000/- per month to his family.

(3.) THE claimants examined. AW-1 Vishnu Prasad Yadav, AW2 Manohar Prasad and AW3 Chandrapal in support of their claim whereas the driver and owner of the offending vehicle Bus examined themselves as NAW1 Bharatlal Yadav and NAW2 Shivkumar Gabhel, in rebuttal. The insurer of the Bus also examined Tapan Kumar Chakraborty in support of its stand in the case.