SEVATI PATEL Vs. SATAN KUMAR SAHU

JUDGEMENT

(1.) This appeal is by the claimants under Section 173 of the Motor Vehicles Act, 1988 against the award dated 13/03/2015 passed by the VII Additional Motor Accident Claims Tribunal, Raipur in Claim Case No. 186/2013 awarding the total compensation of Rs. 4,25,500/- with interest @ 6% per annum from the date of application till realization, fastening liability on the non applicants jointly and severally.

(2.) As per claim petition, on 02/07/2012 at around 10:30 AM deceased Kondu @ Bharat Patel, 28 years of age earning Rs. 4,000/- per month by doing agriculture work, was riding his bicycle & going towards village Kokdi from village Kasiyani, near Barma STD at Khariyar Road with a moderate speed. However, on the way non-applicant No. 1 Satan Kumar Sahu by driving vehicle Tractor Trolly bearing No. OR26 A 4295 & OR26 A 4296 (offending vehicle) in a rash and negligent manner dashed the bicycle of the deceased. As a result of this accident Kondu @ Bharat Patel died on the spot. At the time of accident the offending vehicle was owned by non-applicant No. 2 and insured with non-applicant No. 3.

(3.) On the claim petition being filed by the claimants wife, children & parents under section 166 of Motor Vehicles Act, 1988, the Tribunal considering the evidence led by the parties passed an award as mentioned above.