RAJIV KUMAR SINGH Vs. RAJESH KUMAR DUBEY

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal has been preferred by the appellant-opposite party against the Award/ Judgment dtd. 18/7/2017, passed by learned District Judge-XIV-cum-Motor Accident Claims Tribunal, Dhanbad in Title (MV) Suit No. 82 of 2015, whereby the learned Tribunal has allowed the claim application filed by the respondents-claimants and awarded compensation amount to the tune of Rs.5,41,500.00 and the appellant was directed to pay A/c payee cheque of Rs.1,00,000.00 each in favour of plaintiff-claimant Nos. 2 and 3 and another A/c Pay cheque of Rs.3,41,500.00 along with interest @ 6% per annum in favour of plaintiff-claimant No. 1.

(3.) As per the factual matrix, on 11/7/2014 at about 05:30 pm while the deceased, Meena Devi, was standing baside Sindri Dhanbad road at Nunudih, a motorcycle bearing Reg. No. BR-17F-2820 coming from Sindri side in a very rash and negligent manner dashed her, as a result of which, she sustained severe and grievous injuries and subsequently, died in course of her treatment. Thereafter, the police has registered an FIR being Jorapokhar P.S. Case No. 244 of 2014 under Ss. 279/304-A of the IPC against the driver of the said motorcycle. It was further pleaded that at the time of death, the deceased, Meena Devi was earning Rs.4500.00 per month by means of stitching and weaving of clothes at home. On ground of her untimely death, the family members of the deceased suffered loss both financially and emotionally and as such, they filed complaint case before the learned Tribunal for payment of compensation.