LAWS(CHH)-2019-2-155

PARWATI YADAV Vs. KARAN SINGH

Decided On February 05, 2019
Parwati Yadav Appellant
V/S
KARAN SINGH Respondents

JUDGEMENT

(1.) The present is an appeal under Sec. 173 of the Motor Vehicles Act, 1988 preferred by the Claimants/Appellants, seeking enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Raipur (C.G.) vide award dated 19.08.2014 passed in M.A.C. No. 114 of 2011.

(2.) The Claimants, unfortunate wife and children of deceased- Dinesh Yadav, claimed compensation of Rs.28,00,000.00 by filing a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 for the death of Dinesh Yadav.

(3.) Facts of the case, in brief, are that on 18.05.2010 deceased- Dinesh Yadav after discharging his duty was coming from Sarora market to his home at Godra by his bicycle, at about 07:40 p.m. on the way near bazar chowk, Respondent No.1- Karan Singh/driver of the offending vehicle- Truck bearing registration No. PB11/X/8773, owned by non-applicant No.2 and insured with non-applicant No.3, driving the said vehicle in a rash and negligent manner dashed the bicycle of deceased, due to which bundle of wire, which was loaded on the truck, fell down upon the deceased and as a result thereof, the deceased sustained grievous injuries on his head, hands, leg and other part of the body. During treatment the deceased died on 19.05.2010.