SADHURAM NETAM Vs. ANIL MARKAM

JUDGEMENT

(1.) The appellants/claimants who are unfortunate parents of the deceased, namely, Manesh Kumar Netam have challenged the legality, validity and propriety of the impugned award dated 19/04/2012 passed by Motor Accident Claims Tribunal, North Bastar Kanker, C.G. (hereinafter referred to as 'Claims Tribunal') in Claim Case No.91/2009 wherein learned Claims Tribunal dismissed the claim application filed by the claimants.

(2.) Brief facts for disposal of this appeal, are that, on 25/02/2009, at about 8.00-8.30 pm, Manesh Kumar Netam along with Puran Patel went to Karap on the motorcycle bearing registration No. CG/19/B/5304 (hereinafter referred to as 'offending vehicle') owned by respondent No. 1- Anil Markam. On the way, accident of motorcycle took place, due to which, both the riders of motorcycle, namely, Manesh Kumar Netam and Puran Patel fell down. On account of which, Manesh Kumar Netam sustained severe head injury and he succumbed to the said injury on the spot. The other person Puran Patel who was pillion rider sustained injuries over his person.

(3.) On account of death of Manesh Kumar Netam, appellants/claimants have filed claim application under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act') mentioning therein that on the date of accident, Manesh Kumar Netam was earning Rs.3,000/- per month and they were dependent on him. It has been pleaded that on account of death of their son, they suffered loss of dependency and claimed a total sum of Rs. 16,08,000/- towards compensation.