LAWS(JHAR)-2008-6-7

SHAKUNTALA DEVI Vs. GANGADHAR MAHTO

Decided On June 27, 2008
SHAKUNTALA DEVI Appellant
V/S
GANGADHAR MAHTO Respondents

JUDGEMENT

(1.) THIS Misc Appeal is directed against the judgment/award impugned dated 4-4-2007 passed by the Motor Vehicle Accident claims Tribunal-cum-A. D. J. F. T. C. , Bermo at tenughat, Bokaro in M. V. Claims Case No. 94 of 2004 against the inadequate compensation granted to the appellants-claimants by way of final award under Section 166 of the m. V. Act, 1988.

(2.) THE claimants had demanded a sum of rs. 8,00,000/- on the accident death of prabhat Kumar Mishra aged about 26 years who was the son of the appellant No. 1 and the brother of the applicant No. 2.

(3.) THE brief fact of the case was that in the evening of 22-8-2002 Prabhat Kumar Mishra (since deceased) was returning to his home on his scooter and as soon as he reached near the village Bakaspura i. e. , Barkban at about 7 p. m. , a truck bearing registration No. BR 17 g-5607 being driven rashly and negligently dashed the scooter as a result of which prabhat Kumar Mishra sustained grievous injuries and he was removed to Referal hospital, Jaina Morewhere his statement was recorded but he succumbed his injuries on 25-8-2002 at Bokaro General Hospital where he was ultimately removed for the better management of his injuries. The truck in question was insured with the O. P. No. 3 (The Oriental Insurance Company Ltd. through divisional Manager, Bokaro Steel City sector IV, Bokaro ).