SEEMAN Vs. SHYAMLAL

JUDGEMENT

(1.) By this appeal, the appellants have assailed the impugned award dated 28.08.2014 passed by the First Additional Motor Accident Claims Tribunal, Jagdalpur (for short, 'Claims Tribunal') in Claim Case No.51 of 2014 wherein the claim filed by the appellants/claimants is dismissed.

(2.) Brief facts of the case for disposal of this appeal are that on 09.05.2008 Shyamlal, respondent- 1 herein went along with Akbar to Jagdalpur on his motorcycle bearing No.CG 17-K-4135 to bring grocery items. When they were returning from Jagdalpur to village with grocery items, on their way Shyamlal tried to overtake one truck bearing No. CG-17-5118, at that relevant time due to rash and negligent act of Shyamlal, Akbar, who was made to sit as pillion rider on the motorcycle and holding some grocery items, fell down and sustained severe head injuries. He was taken to Maharani Hospital at Jagdalpur for his treatment, where he succumbed to the injuries during the course of treatment.

(3.) On account of untimely death of Akbar, the claimants who are his parents, brother and sister have filed claim application seeking compensation of Rs.15,33,000/- in total from non-applicants therein on the ground that deceased Akbar was earning about Rs.2,000/- per month by helping his father in his work and after death of Akbar, his family members were deprived of dependency.