DUKALHA GOND Vs. GOVIND PRASAD DHRUV

JUDGEMENT

(1.) This is claimants' appeal against the award dated 30.07.2018 passed by 3rd Additional Motor Accidents Claims Tribunal, Bilaspur, C.G. (for short the Tribunal ) in claim case No. 232/2017, whereby the claim petition has been dismissed.

(2.) As per averments in the claim petition on 10.01.2017 at around 10 pm, while deceased Punaram Gond aged about 22 years, earning Rs.15,000/- per month as Mason, was going on his motorcycle bearing no. CG10/EE/1866, non-applicant No.1 Govind Prasad Dhruv by driving Tractor/Trailer bearing no. CG15/AC/4139 in a rash and negligent manner came from wrong side and dashed the motorcycle of the deceased. As a result of which, he suffered grievous injuries on various parts of his body and died on the spot itself. On report being made, the offence under Section 304 A of IPC was registered against non-applicant no.1 and charge sheet was filed before the competent Court against him.

(3.) As against the compensation of Rs.35,00,000/- claimed by the appellants/claimants parents and two sister of the deceased, by filing application under Section 166 of the Motor Vehicle Act, 1988 (for short 'the act') for the death of deceased Punaram Gond in the motor accident on 10.01.2017, the Tribunal considering the pleadings of the respective parties and the evidence adduced by them, vide impugned award dated 30th July, 2018 dismissed the claim petition.