NARESH KUMAR BARLEY Vs. RAJESH DAS MANIKPURI

JUDGEMENT

(1.) The claimant has preferred this appeal assailing the impugned award dated 27.03.2009 passed by learned 9th Additional Motor Accident Claims Tribunal, Raipur (for short 'the Claims Tribunal') in Claim Case No.110 of 2008 whereby the Claims Tribunal has partly allowed the claim.

(2.) Facts of case, in brief, are that on 30.05.2008 Khorbahrin Bai along with other co-workers was travelling on Tata pick-up DI bearing registration number CG04-J-9750 (for short 'offending vehicle') to her work place Baldev Sponge Iron, Siltara from village Akoli. At about 7.45 am when the said vehicle reached near Paper Mill Pond, village Akoli, it turned turtle due to rash and negligent driving of its driver. Khorbahrin Bai received grievous injuries and died on the spot. Accident was reported to Police. The appellant, son of deceased Khorbahrin Bai filed claim application seeking compensation to the tune of Rs.8,25,000/- under various heads on the grounds that at the time of accident, deceased was healthy, aged about 50 years; she was earning Rs.128/- per day and she used to spent this amount on him; and on account of her untimely death, loss of income occasioned, therefore, he is entitled for compensation.

(3.) Respondent- 1, driver of offending vehicle filed his reply to the claim application and stated that at the time of accident, he was not driving the offending vehicle. Respondent- 2, owner of offending vehicle pleaded that at the time of accident offending vehicle was insured with respondent- 3 Insurance Company and driver of offending vehicle was having valid and effective driving license.