UMA BAI Vs. PAGAL RAJ BANSHI

JUDGEMENT

(1.) This is the misc. appeal directed against the award dated 6.7.1992 given b'y;the II, Additional Motor Accidents Claims Tribunal, Raipur, in Claim Case No. 27 of 1991 whereby the learned Tribunal has grantpd a sum of Rs. 51,840 to the claimants for the death of deceased Jhaduram.

(2.) Brief facts giving rise ,to this appeal are that on 11.2.1991 at about 11 a.m., the deceased Jhaduram was going on his cycle from Pachpedi to the.city. When he reached near Shukla Petrol Pump, a truck bearing No. NIT 9016 driven by non-applicant No. 1 Pagal Raj came in a rash and negligent manner from Dhamtari side and it struck against the deceased Jhaduram as a result of which he died on the spot. Therefore, the present claim petition was filed by thefather and mother of the deceased.

(3.) It is alleged that the age of the deceased was 17 years, he was doing the job of tailor and earning a sum of Rs. 800 per month. It is alleged that he was als9 appearing in 10th class examination. It is alleged that the deceased was giving a sum of Rs. 600 to his parents and a sum of Rs. 200 was being spent by him on himself. The claimants, therefore, claimed a sum of Rs. 3,10,000 towards compensation. The claim was contested by the non-applicants who denied that the vehicle was being driven in a rash, and negligent manner and that the claimants are not the heirs of the deceased Jhaduram. The nonapplicants also contested that the deceased was not 17 years of age nor was he earning Rs. 800 per month.