RAMESHWAR PRASAD CHANDRAKAR S/O GOVINDRAM CHANDRAKAR Vs. HDFC ERGO GENERAL INSURANCE COM LTD S/O THRU- ITS BRANCH MANAGER

JUDGEMENT

(1.) The appellants who are owner and driver of offending vehicle have challenged the legality and validity of impugned award dated 24.09.2013 passed by the learned Motor Accident Claims Tribunal, Mahasamund CG (for short, 'the Tribunal') in Claim Case No.16 of 2011 wherein learned Claims Tribunal awarded total compensation of Rs.4,76,000/-.

(2.) Brief facts for disposal of this appeal are that on 08.02.2010 when Chhabiram along with other persons were travelling on a tractor bearing No. CG-06B-7116 and trolley bearing No.CG-06B-7118 (hereafter referred to as 'offending vehicle') and returning from Singhanpur to their village, at that relevant time when the offending vehicle reached near Koma Khallari bridge, it met with an accident and turned turtle. In the accident, Chhabiram came under the vehicle and sustained grievous head injury. He succumbed to the injury on the spot. Matter was reported to concerned Police Station on the same day and on the basis of which Crime No.59 of 2010 was registered for offence punishable under Section 304A of IPC against the driver of offending vehicle.

(3.) On account of untimely death of Chhabiram in the motor accident, respondents- 2 to 4/claimants filed claim application before competent Claims Tribunal claiming Rs.23,50,000/- in total mentioning therein that the deceased on the date of accident was aged about 48 years and earning daily wage of Rs.50/- from labour work and they were dependent on the income of deceased Chhabiram.