(1.) Claimants/Appellants have filed this miscellaneous appeal challenging award dtd. 15/2/2013 passed by learned 2nd Additional Motor Accident Claims Tribunal, Balod in Claim Case No.83/12 by which their claim application has been dismissed.
(2.) Facts of case, in brief, are that on 31/5/2010 at about 10 a.m. Dashrath Lal Thakur along with his friend Ghanshyam Patil was returning his home from village Dhurwatola on the motorcycle bearing registration number CG07-LU-5572. Dashrath Lal Thakur was driving said motorcycle and Ghanshyam Patil was travelling as a pillion rider. When they reached near village Muchar Golimaar Nala Road, due to sudden failure of brakes of motorcycle, they met with an accident, fell down from motorcycle and sustained injuries. As Dashrath Lal Thakur had sustained grievous injuries, therefore, he was taken to Sector-9 Hospital, Bhilai where he succumbed to his injuries while undergoing treatment. Accident was reported to concerned police station.
(3.) Claimants, who are legal heirs of deceased, filed claim application under Sec. 166 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') claiming compensation of Rs.46,50,000.00. They have pleaded in claim application that accident occurred due to failure of brakes of motorcycle. Deceased was earning about Rs.2,20,000.00 per annum and they were dependent on him, however, due to death of deceased, they were deprived of dependency.