LAWS(CHH)-2019-1-209

MADWI BANDI Vs. AMJAD KHAN @ SALIM

Decided On January 17, 2019
Madwi Bandi Appellant
V/S
Amjad Khan @ Salim Respondents

JUDGEMENT

(1.) As all these above appeals filed under section 173 of the Motor Vehicles Act, 1988 (in short "the Act") arise out of the common award dated 22.12.2014 passed by Additional Motor Accident Claims Tribunal (FTC), South Bastar, Dantewada, in Claim Cases No. 102, 103, 104 & 105 of 2013, they are being disposed of by this common judgment.

(2.) As per claim case No. 102/13, on 6.11.2017 Madvi Pojja, husband of the claimant, was travelling in Pickup bearing No. CG 17 H 1786 (hereinafter referred to as "offending vehicle") as a Helper. However, due to rash and negligent driving of the offending vehicle by non-applicant No. 1, the said vehicle turned turtle as a result of which Madvi Pojja suffered grievous injuries and died on the spot. Hence, the claimant filed an application under Sec. 166 of the Act and claimed compensation of Rs. 5.80 lacs from the non-applicants.

(3.) As per claim case No. 103/13, in the same accident Chula Sodi who was sitting the offending vehicle as Hamal also suffered grievous injuries and died. Hence, the claimants, who are widow, father and son of the deceased Chula Sodi, filed application under Sec. 166 of the Act and claimed Rs. 8.20 lacs as compensation from the non-applicants.