BABI DAS Vs. MANILAL

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred by the Claimants under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988) for enhancement of the award under Appeal dated 17.03.2015 passed by the 3rd Additional Motor Accidents Claims Tribunal, Ambikapur, District Surguja (CG) (for short 'the Tribunal') in Claim Case No.162/2012 whereby, the Tribunal has awarded a total amount of compensation to the tune of Rs.4,93,000/- with interest @ 6% per annum from the date of filing of the claim Petition till the date of actual payment. The parties to this Appeal shall be referred hereinafter as per their description in the Tribunal.

(2.) Briefly stated, the facts of the case are that the deceased Somar Sai was going along with his wife by a motorcycle 'Hero Honda' from Ambikapur to Village Gangoti. At the relevant time, he was dashed vehemently by the offending vehicle "Bolero" bearing Registration No.CG-04-H/0313 from its opposite side, which was being driven in a rash and negligent manner by its driver namely Manilal, Non-Applicant No.1. Owing to the alleged accident, the deceased got injured badly and succumbed to the injuries during the course of his treatment in the hospital. The matter was reported to the police station Surajpur against the driver of it under Sections 279 and 337 IPC and after its investigation, charge sheet was filed before the Chief Judicial Magistrate, Surajpur under Sections 279, 337, 338 and 304-A IPC.

(3.) On account of the aforesaid accident, the Claimants, who are the widow and minors of the deceased, instituted a Claim Petition under Section 166 of the Act of 1988 by submitting inter alia that the deceased, a 45 year old, was a motorcycle mechanic by profession and used to earn Rs.15,000/- per month and thus, claimed a total amount of compensation of Rs.20,74,000/- under various heads.