JAGMOHANI BAI W/O BHOLA Vs. MANSHURAM S/O RUSHNATHRAM
LAWS(CHH)-2019-4-124
HIGH COURT OF CHHATTISGARH
Decided on April 12,2019

Jagmohani Bai W/O Bhola Appellant
VERSUS
Manshuram S/O Rushnathram Respondents


Referred Judgements :-

SUBE SINGH AND ANR. VS. SHYAM SINGH (DEAD) AND ORS. [REFERRED TO]


JUDGEMENT

Parth Prateem Sahu - (1.)Appellant/ Non-applicant 4 who is natural mother of deceased- Preet Chauhan has challenged impugned award dated 30.03.2013 passed by learned Additional Motor Accident Claims Tribunal, Jashpur in Claim Case No.10 of 2012 whereby learned Claims Tribunal awarded a sum of Rs.35,000/- out of total compensation Rs.1,90,000/- to appellant.
(2.)Brief facts for disposal of this appeal are that deceased was son of Mansuram and present appellant- Jagmohani Bai. On 02.06.2008 at about 7.30 pm when deceased was returning along with his father on tractor-trolley bearing Nos. CG14A/1318 & CG14A/1319 (offending vehicle). Due to rash and negligent driving of respondent- 5, offending vehicle fell down from Manjha bridge and in the said accident, Preet Chauhan died as he came under the tractor. Respondents- 1 to 4/ claimants filed claim application claiming Rs.15,50,000/- as compensation against death of son of respondent- 1 and appellant.
(3.)Respondents- 5 and 6 who are driver and owner of offending vehicle submitted reply to the claim application and stated that they were falsely implicated in the case. Respondent- 2 was not natural mother and respondents- 3 and 4 are not own brothers of deceased. It has also been pleaded that on the date of accident, offending vehicle was insured with respondent- 7/ Insurance Company.


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