RADHABAI Vs. SURESH

JUDGEMENT

(1.) THIS appeal has been directed against the award dated 17. 3. 2006 passed by learned First Additional motor Accidents Claims Tribunal, indore (in short 'the Tribunal') in Claim case No. 258 of 2003 for the enhancement of the amount passed under the impugned award.

(2.) IN brief the case of the appellants-claimants as borne out from the impugned award is that on 29. 8. 2002 one Dinesh Sirvi (hereinafter referred to as 'the deceased')was going on his Rajdoot motor cycle bearing registration No. MP 11-1160 from Bagh to Kukshi. On this motor cycle Mahesh soni and Sandeep Patidar were the pillion riders. When the motor cycle reached near kukshi river, at that juncture, one Tempo trax bearing registration No. MP 10-A 2697 (hereinafter referred to as 'the offending vehicle')came from the opposite side. It is said that driver of the said offending vehicle, respondent No. 1, was driving it rashly and negligently and dashed the same to the motor cycle which was being driven by deceased. Eventually, the deceased as well as the pillion riders sustained grievous injuries. It is the further case of claimants that on account of the injuries sustained by the deceased, he could not survive and breathed his last. Claimants are the widow, minor son and daughter and father of the deceased. The deceased was, firstly, treated at Civil Hospital, Kukshi, District Dhar, however, looking to his serious condition he was transferred to Gokuldas Hospital at indore for further treatment. According to the claimants, since the date of the accident, i. e. , from 29. 8. 2002 to 20. 9. 2002 the deceased was undergoing treatment in the hospital by different doctors and a sum of rs. 2,00,000 were spent on treatment of the deceased, however, despite best medical treatment provided to the deceased, on account of severe injuries sustained by him, he could not survive and ultimately he passed away.

(3.) IT is the further case of claimants that at the time of accident the age of deceased was 30 years, he was a mason and was earning a sum of Rs. 4,000 per month. He was also a contractor. On the basis of these premised pleadings the claimants have filed the claim petition praying therein to award a sum of Rs. 15,00,000.