JITENDRA DUBEY Vs. RAHUL DUBEY

JUDGEMENT

(1.) By this instant appeal, appellants who are owner and driver of motorcycle bearing registration No.C.G.15/C/9287 (hereinafter referred to as the 'offending motorcycle') have challenged the legality, validity and propriety of impugned award dated 26/09/2013 passed by learned First Additional Motor Accident Claims Tribunal, Ambikapur, Sarguja, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Motor Accident Claim Case No.140/2011, wherein learned Claims Tribunal partly allowed the claim application filed by claimants and awarded a total sum of Rs.3,45,000/- as compensation in a death case and held appellants to be liable for payment of compensation.

(2.) Brief facts for disposal of this appeal are that on 23/10/2008, at about 6.30 am, when Raju Kindo was returning from Bus Stand, Ambikapur on his motorcycle bearing registration No.C.G.15/C/9237, at that relevant time, offending motorcycle driven by appellant No.2 and owned by appellant No.1, dashed Raju Kindo. In the aforementioned accident, Raju Kindo sustained grievous injuries and succumbed to those injuries on spot.

(3.) On account of death of Raju Kindo, claimants who are parents of deceased Raju Kindo filed a claim application under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'M.V. Act') before the competent Claims Tribunal claiming total compensation of Rs.15,10,200/- on various heads.