SUMITRA BAI SAHU Vs. CHANDRAPARAKASH

JUDGEMENT

(1.) Appellants/Claimants have challenged the impugned award dated 28.01.2013 passed by the First Additional Motor Accident Claims Tribunal, Bilaspur (for short, 'Claims Tribunal') in Claim Case No.54 of 2009, whereby learned Claims Tribunal while partly allowing the application, awarded a total sum of Rs.4,52,000.00 as compensation and held respondent- 1, the owner-cum-driver of the offending vehicle to be responsible for the accident.

(2.) Brief facts for disposal of this case are that on 22.04.2008 at about 3 pm respondent- 1 Chandra Prakash @ Chandra Kumar was driving Swaraj Mazda No.CG 10-A 2899 (for short 'offending vehicle') and going to Kharkena from village Aamne with gift articles of marriage. At that relevant time, the offending vehicle met with an accident and turned turtle. In the said accident, Ramgopal Sahu and Mangal Kaushik, who were travelling in the offending vehicle sustained severe injuries and during the course of treatment, both of them succumbed to the injuries sustained by them. The claimants are legal heirs of one of deceased Ramgopal Sahu. They filed claim application claiming compensation of Rs.18,55,000.00 on the ground that on the date of accident, deceased Ramgopal Sahu was working as Mason and thereby earning Rs.4,500.00 per month and due to his untimely death, they have suffered loss of dependency and also financial loss.

(3.) Respondent- 1, driver of the offending vehicle submitted reply to the claim application stating that on the date of accident the vehicle has been engaged for transporting gift articles of marriage and at that relevant time Ramgopal Sahu and Mangal Kaushik were travelling in the said vehicle. While sitting in the cabin of that vehicle, they obstructed the steering of the vehicle due to which accident took place and both of them died. Respondent- 1 also stated that the claimants are not entitled for any compensation as claimed by them and also pleaded that the compensation claimed in the application is on higher side.