DEBOBRATA GHOSE Vs. MAHESH NIRMALKAR
HIGH COURT OF CHHATTISGARH
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SUNIL KUMAR SINHA,J. -
(1.)THE appellant/claimant has filed this appeal under Section 173 of the Motor Vehicles Act, 1988, against the award dated 21 /12/2000 passed by the
First Additional Motor Accident Claims Tribunal, Bilaspur, in Claim Case No.2/
(2.)THE claimant filed a claim petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs. 18,26,500/- on account of death of his
mother Smt. Kalyani in the motor accident, which took place on 03/03/1999,
when his motor cycle, on which the deceased was sitting as a pillion rider, was
dashed from the back side by the offending vehicle Tata 407 bearing registration
No.MP-26 G 4591.
The claimant pleaded that when he was going on his motorcycle and his mother was sitting as a pillion rider, the offending vehicle came from the back
side and dashed the motorcycle, due to which, his mother fell down and she was
dragged with the bus to some distance. When hue and cry was made by the
people, the driver of the offending vehicle stopped and reversed the vehicle rashly
and negligently and the tyres of the vehicle again ran over the legs of his mother.
She was taken to the hospital, where she died on account of injuries sustained by
her. The claimant further pleaded that he was dependant on his mother, who was
aged about 59 years and was running coaching classes and earning Rs. 13,000/-
per month, therefore, the said amount of compensation be awarded to him.
(3.)THE owner and driver of the offending vehicle remained ex-parte, however, the Insurance Company contested the claim.
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