PADUM RAM Vs. VIJAY KUMAR

JUDGEMENT

(1.) This miscellaneous appeal is preferred against award dtd. 25/1/2005 passed by Second Additional Motor Accident Claims Tribunal, Baloda Bazar (CG) in Claim Case No.50/2003 wherein the said Tribunal awarded sum of Rs.95,064.00 in favour of the claimants Dayal Das, Chaitu Ram and Smt. Soni Bai upon death of one Parvati Bai in a motor accident took place on 19/1/2003 at Pousari Tilda Road by Motor Cycle bearing registration No.CG 04 C 13919 and rejected the claim of appellants Padum Ram and Smt. Fatima Bai by holding that they are not dependants of deceased Parvati Bai.

(2.) As per the case of the appellants, Parvati Bai was going to village Lanja from village Jewari by walking and when she reached at village Paukhari, one motor cycle bearing registration No. No.CG 04 C 13919 dashed her which was driven by respondent No.1 negligently, resulted into death of Parvati Bai. The appellants claimed for compensation but the same was rejected by the learned Tribunal, that is why the appeal is preferred.

(3.) Learned counsel for the appellants submits as under: