MAMTA BAI Vs. SURENDRA

JUDGEMENT

(1.) The appellants have filed this appeal under Section 173(1) of the Motor Vehicle Act, 1998.

(2.) Being aggrieved by the award dated 17.12.2008 passed by Additional Member MACT, Dindori in M.V.C. No.25/2007. The appellants have filed an application under Section 166 of the Motor Vehicle Act claiming compensation on account of death of Monu S/o. Mansukh to the extent of Rs.34,30,000/- under Section 166 of the Motor Vehicle Act. The said application has been filed on 24.3.2007.

(3.) At about 7.00 p.m. the deceased Monu was going near culvert of Bichiya Mahanadi, at that time, a vehicle bearing registration no. M.P. No.51-M 0875, which was owned by non-applicants no.1 and 2 driven rashly and negligently, dashed the deceased Monu due to which Monu had died on the spot. F.I.R. of the incident was immediately lodged at the concerned Police Station and the case has been registered under Section 304(A) against the non-applicant no.2 Santosh. It has been further stated in the application that at the time of the death, the deceased was 25 years of age and was doing the work of mechanic and was earning Rs.7,500/- per month. Appellants are wife, children and father of the deceased and they were wholly depended on the income of the deceased, and therefore, on these grounds, the appellants have filed an application claiming compensation to the tune of Rs.34,30,000/-.