(1.) The Claimants/Appellants have preferred this Appeal assailing the impugned award dated 27.03.2009 passed by the learned 9 th Additional Motor Accident Claims Tribunal, Raipur (for short 'the Claims Tribunal') in Claim Case No.114/08, whereby the Claims Tribunal has partly allowed the Claim Petition while exonerating the Insurance Company from its liability.
(2.) Facts of the case, in brief, are that on 30.05.2008 deceased Smt. Kamla Bai, wife of Appellant No.1-Budhardas Dahariya was travelling on Tata Pick-up DI bearing registration number CG04-J-9750 and going to her work place at Baldev Sponge Iron, Siltara from village Akoli. At about 7.45 a.m, when the said vehicle reached near Paper Mill Pond, Village Akoli, the offending vehicle Tata pick-up turned turtle due to rash and negligent driving of the driver. Deceased Kamla Bai received grievous injuries and later succumbed to those injuries. The Appellants, legal representatives of deceased Kamla Bai, filed Claim Petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.12,85,000/- under various heads on the ground that at the time of accident, the deceased was earning Rs.128/- per day, however, on account of untimely demise of the deceased, a loss of income has occasioned to them and therefore, they are entitled to the compensation as claimed by them.
(3.) Respondent No.1, driver of offending vehicle, filed his reply to the Claim Petition and stated that at the time of accident, he was not driving the offending vehicle. Respondent No.2, owner of offending vehicle has pleaded that at the time of accident, the offending vehicle was insured with Respondent No.3-Insurance Company and the driver of the offending vehicle, was having valid and effective driving license on the date of accident.