SHIVLAL SAHU Vs. CHANDRA SHEKHAR
LAWS(CHH)-2008-9-37
HIGH COURT OF CHHATTISGARH
Decided on September 04,2008

Shivlal Sahu Appellant
VERSUS
CHANDRA SHEKHAR Respondents


Referred Judgements :-

MUNICIPAL CORPORATION OF GREATER BOMBAY VS. LAXMAN IYER [REFERRED TO]


JUDGEMENT

RAJEEV GUPTA,C.J. - (1.)THIS is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari (for short 'the Tribunal') vide award dated 14-12-1999, passed in Claim Case No. 71/98.
(2.)THE claimants, unfortunate parents of deceased Piteshwar claimed compensation of Rs.20,25,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act (for short 'the Act') for his death in the motor accident when on 14-06-1998, the Jeep bearing registration No.M.P.-23/T-845, in which he was travelling was dashed by the Bus bearing registration No. MP23-J/296, resulting in his instantaneous death on the spot itself. The claimants further pleaded that their son Piteshwar used to earn Rs.3,00,000/- per annum by cultivating agricultural land to the extent of 12 acres.
The owner and driver of the Bus did not contest the claim and remained ex parte before the Tribunal. The insurer of the Bus and the owner and insurer of the Jeep contested the claim and denied their liability to pay compensation to the claimants. The insurers of the Bus and Jeep took the plea that the drivers of these vehicles were not holding valid driving licence and these vehicles were being plied in breach of the policy conditions.

(3.)THE claimants examined AW 1 Shivlal Sahu in support of their claim, whereas the owners and insurers of the Bus and Jeep did not examine any witness in rebuttal.
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