MAMTA THARWANI Vs. SANTOSH KUMAR KUJUR

JUDGEMENT

(1.) Appellants, parents of deceased Anjali Tharwani, aged about 6 years, have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') challenging award dated 3.7.2014 passed by learned 2 n d Additional Member to the Court of learned 1 s t Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No.5/2013 awarding total compensation of Rs.1,25,000/- with interest @ 7% p.a. from the date of filing of application till realization.

(2.) Facts of the case, in brief, are that on 12.12.2012 deceased Anjali Tharwani along with her aunt & maternal grandmother was coming to Chakarbhata from Bilaspur in auto-rickshaw. When they reached near Kali Temple, Tifra, Bilaspur, one another auto-rickshaw bearing registration No.CG10-T-3919 dashed auto-rickshaw in which said Anjali was travelling as a result of which said Anjali sustained grievous injuries and succumbed to those injuries. Matter was reported to concerned police station based on which offence under Section 304A of IPC was registered against non-applicant No.1.

(3.) Claimants, who are parents of deceased, filed claim application before competent Claims Tribunal claiming an amount of Rs.5,10,000/- as compensation on account of death of deceased Anjali due to injuries sustained by her in a motor vehicular accident.