LAWS(CHH)-2019-9-96

HEERALAL AND ORS. Vs. MANJU YADAV AND ORS.

Decided On September 18, 2019
Heeralal And Ors. Appellant
V/S
Manju Yadav And Ors. Respondents

JUDGEMENT

(1.) The appellants/non-applicants have questioned the validity and legality of the award dtd. 30/4/2013 passed by learned First Additional Claims Tribunal, Durg in claim case No. 10/2012, whereby learned Claims Tribunal allowed the claim application in part and awarded a total sum of Rs.3,87,500.00 along with interest @ 6% p.a. from the date of filing of claim application till its realization in a death case.

(2.) Facts of the case in nutshell are that, on 12/7/2011 at about 11:30 A.M. when Shivkumar (deceased) was returning to his home from his agriculture field, at that relevant time, one motorcycle bearing No. C.G.07.L.1184 (referred to as "offending vehicle") driven by appellant No. 1/non-applicant No. 1 dashed him due to which deceased fell down and suffered grievous injuries over his person and succumbed to those injuries. The incident was reported to concerned police station based on which crime bearing No. 240/2011 was registered against appellant No. 1/non-applicant No. 1 for offences defined under Ss. 279, 337, 304A of the I.P.C. and thereby final report was also submitted before competent Court.

(3.) The claimants who are widow, children and parents of the deceased filed claim application before the competent Claims Tribunal claiming Rs.21,30,000.00 as compensation on the grounds mentioned therein.