SANJULA YADAV Vs. VIKAS KUMAR

JUDGEMENT

(1.) The present is an appeal under Section 173 of the Motor Vehicles Act, 1988 preferred by the Claimants/Appellants, seeking enhancement of compensation awarded by the First Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) vide award dated 24.06.2017 passed in Claim Case No. 360 of 2016.

(2.) The Claimants/Appellants, who are wife, son, parents, and grand-mother of deceased- Shrawan Kumar Yadaw, claimed compensation of Rs.65,50,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act, 1988 for the death of Shrawan Kumar Yadaw.

(3.) Facts of the case are that on 12.12.2015 deceased Shrawan Kumar Yadaw was going to his in-laws home by motorcycle bearing registration No. CG- 11/CH/6492, on the way at Darrabhatha turn, he stopped his motorcycle and went for urination. When after urination he came back towards his motorcycle, non- applicant No. 1, rider of the offending vehicle Hero Honda bearing registration No. CG/E.D./4300, owned by non-applicant No.2 and insured with non-applicant No.3, ridding the said Hero Honda motorcycle in a rash and negligent manner, dashed Shrawan Kumar Yadaw. As a result thereof, Shrawan Kumar Yadaw sustained injuries on his head and other parts of the body. Immediately, he was taken to Life Care Hospital, Bilaspur where he died on 20.12.2015 during treatment.