SITABAI Vs. NEW INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) The miscellaneous appeal under section 173 of the Motor Vehicles A c t, 1988 has been filed challenging the impugned award dated 21/02/2014 passed in claim case No. 290/2012 by XIV Additional Motor Accidents Claims Tribunal, Indore.

(2.) Facts relevant and necessary for disposal of this appeal lie in narrow compass: Suresh Vasuniya (Bhil) (husband of appellant No. 1 and father of appellants No. 2 to 5 and parents - appellants No. 6 and 7) on 11/08/2012 about 4.00 pm while standing near the divider on A.B.Road Bodla, the offending vehicle truck bearing registration No. MH18 M 3647 driven rashly and negligently by the respondent No. 2 dashed him, as a result, the deceased had suffered grievous injuries on various parts of the body. During treatment, he died in the hospital.

(3.) Learned counsel appearing on behalf of the claimants submits that at the time of incident, the deceased sole bread earner was earning at least Rs. 4,000/- being labourer supporting big family of 07 members. Because of the incident, he met untimely death. The family is reeling under most precarious financial constraints and also suffered the loss of love and affection of the deceased.