SHIVLAL SAHU Vs. CHANDRA SHEKHAR
HIGH COURT OF CHHATTISGARH
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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
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