(1.) IN this appeal preferred under Section 173 of the Motor Vehicles Act, 1988 (for brevity 'the Act') the legal propriety of the award dated 29-6-2004 passed in Motor Accident Claim Case No. 72/2003 by the Motor Accidents claims Tribunal, Waraseoni (for short 'the Tribunal') is called in question by the claimants-appellants (hereinafter referred to as 'the claimants' ).
(2.) THE claimants initiated an action under Section 166 of the Act for grant of compensation of Rs. 7,09,000/- for the death of the deceased, Sitaram, as his legal representatives on the foundation that on 19-9-2003 at about 3 o'clock in the morning the deceased was travelling in a Marshall Jeep bearing registration No. MH-26-C/4930 and when it reached near Dabrapara, Bhilai at g. E. Road a truck bearing registration No. KCG-047zc 1395 being rashly and negligently driven by the first respondent dashed against it as a result of which the jeep skidded to certain distance and its three tyres came out due to the aforesaid accident. Some of the persons travelling in the jeep sustained grievous injuries and some other died at the spot. Because of the accident the deceased, sitaram, breathed his last at the spot. A crime No. 645/2003 for the offences punishable under Sections 279,337,338,304-Aof the Indian Penal Code at the concerned Police Station.
(3.) IT was pleaded by the claimants that at the time of death of deceased, Sitaram, he was 21 years of age, able bodied and was serving in a grocery shop from which he was earning Rs. 2,000/- as salary. In addition to the same, he was also getting Rs. 1,500/- from working in the agriculture field. It was contended that he was maintaining the family and his death has caused immense loss to the legal representatives. On various heads the claimants put forth a claim of Rs. 7,09,000/ -.