KISHAN KUMBHKAR Vs. VIJAY KUMAR SINGH

JUDGEMENT

(1.) This appeal is preferred by the claimants under Section 173 of the Motor Vehicles Act, 1988 against the award dated 13/12/2014 passed by Chief Motor Accident Claims Tribunal Dhamtari (C.G.) in Claim Case No. 83/2014. After considering the evidence of the parties learned Tribunal dismissed the claim petition filed by the claimants.

(2.) As per averments of claim petition, on 14/04/2014 at around 11:00 P.M. deceased Lucky Kumbhkar, 22 years of age, earning Rs. 7,000/- per month as Photographer, was riding motorcycle alongwith his friends with a moderate speed. However, when he was returning from village Sanoud near village Bohra at Kabir Hotel motorcycle dashed with one Truck bearing No. CG04 J 1656 which was parked in middle of the road without any parking light or any indicator or any marking. Due to negligence and dangerous manner in which the said Truck was parked by non- applicant No. 1/Bali Ram (Now dead), motorcycle of deceased dashed the said stationary Truck. As a result of this accident, deceased Lucky Kumbhkar sustained grievous injury and died during treatment. At the time of accident the offending vehicle was owned by non-applicant No. 2/respondent No.1 and insured with Non-applicant No. 3/respondent No. 2.

(3.) On claim petition being filed by the claimant' parents, borther and sister of deceased under Section 166 of the Motor Vehicles Act, the Tribunal considering the evidence led by both the parties, dismissed the claim petition filed by the claimants.