KATIKA BAI Vs. RAKESH @ RAJESH 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 the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) vide award dated 25.08.2012 passed in Claim Case No.04 of 2012.

(2.) The Claimants/Appellants, unfortunate wife, daughters, sons, mother and father of deceased- Anil Kumar, who was aged about 35 years, claimed compensation of Rs.16,00,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act, 1988 for death of deceased in the motor accident.

(3.) Facts of the case, in brief, are that on 28.10.2011, deceased-Anil Kumar was going from Bilaspur to his village- Pataidihih on a motorcycle bearing registration No. CG-10/EF/4220, the said motorcycle was being ridden by deceased- Jawahar Kathle and deceased- Anil Kumar was pillion rider of the said motorcycle. As soon as they reached near Jondhra Chowk Main Road Masturi, one Tractor bearing registration No. CG-10A/9279 was coming from opposite direction which was being driven by Rakesh @ Rajesh Kumar/Respondent No. 1 in a rash and negligent manner and it dashed the motorcycle due to which both deceased- Anil Kumar and Jawahar Kathle died on the spot.