NANDA RAIKAR Vs. CHAIN LAL

JUDGEMENT

(1.) Appellant/Claimant has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act') challenging the award dated 11/02/2015 passed by the Additional Motor Accident Claims Tribunal, Link Court Dongargarh, District Rajnandgaon, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Claim Case No.19 of 2011 whereby learned Claims Tribunal allowed the claim application in part and awarded Rs.1,66,000/- as compensation in a fatal accident case.

(2.) Facts of the case in nutshell, are that, on 03/09/2010, nonapplicant No.1 while driving his motorcycle bearing No.CG08/J/8289 dashed Rajkumar Raikar and caused accident. In the aforementioned accident, Rajkumar Raikar suffered grievous injuries, he was taken to Government Hospital, Rajnandgaon where during the course of treatment, he died. The accident was reported to concerned Police Station, based upon which, crime was registered against non-applicant No.1 and after completion of investigation, charge-sheet was submitted before the Court of Judicial Magistrate First Class, Dongargarh, Chhattisgarh.

(3.) Claimants, who are widow and children of deceased filed an application under Section 166 of the M.V. Act pleading therein that on the date of accident, deceased was employed in the Veterinary Department, posted at Devkatta and earning Rs.15,000/- per month. On account of untimely death of Rajkumar Raikar, claimants have suffered irreparable loss and claimed Rs.19,80,000/- as compensation.