KHAIRUNNISHA Vs. RAJA SONI

JUDGEMENT

(1.) By this instant appeal, appellants/claimants assailed the legality, validity and propriety of the impugned award dated 17.04.2013 passed by the Motor Accident Claims Tribunal, Rajnandgaon, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Claim Case No.47/2012, whereby the learned Claims Tribunal partly allowed the claim application filed by appellants/claimants and awarded an amount of Rs.5,43,000/- as compensation in a death case and fastened the liability of payment of compensation on the owner and driver of the offending vehicle.

(2.) Background facts in a nutshell are that, on 27.04.2011, deceased Sayyad Mohd. Mudassir went to Dhamtari along with his friends and at about 5.30 pm, when they were returning from Dhamtari on Tata Sumo bearing registration No.CG07/0529 (hereinafter referred to as 'offending vehicle') and reached near village Pasoda, at that relevant time, the offending vehicle met with an accident and turn turtled. In the aforementioned accident, Sayyad Mohd. Mudassir suffered grievous injuries over his person and succumbed to those injuries on the spot.

(3.) On account of death of Sayyad Mohd. Mudassir, the appellants/claimants, who are unfortunate wife, children, mother and sister of the deceased, have filed a claim application under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act') before the competent Claims Tribunal claiming Rs.45,90,000/- in total as compensation on all heads mentioning therein that on the date of accident, the deceased was doing the business of footwear in a shop at Juni Hatri Market, Rajnandgon and thereby he was earning Rs.12,000/- per month. They have also pleaded that as all the appellants/claimants are dependent upon the deceased, therefore, they have sustained irreparable and financial loss.