SANTOSH PANDEY Vs. STATE OF JHARKHAND
LAWS(JHAR)-2016-3-151
HIGH COURT OF JHARKHAND
Decided on March 08,2016

SANTOSH PANDEY Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) This appeal by the appellants-claimants is directed against the impugned judgment and award dated 5-8-2015, passed in MVC No. 15/2014, by the Senior Civil Judge and JMFC and Motor Accident Claims Tribunal, Hunsur, (hereinafter referred to as 'Tribunal'for short), for enhancement of compensation, on the ground that, a sum of Rs. 7,15,000/- awarded by the Tribunal under different heads with interest at 6% per annum from the date of petition till realization, as against the claim of Rs. 22,36,000/- on account of the death of the deceased Sri. Shekhara, in the road 1 traffic accident is inadequate.
(2.) In brief, the facts of the case are : The appellants are the wife, two minor children and father of the deceased. They filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation of Rs. 22,36,000/- against the respondents, on account of the death of the deceased in the road traffic accident, contending that, on 24-12-2013 at about 11.15 p.m deceased was going on the Motor bike bearing Reg. No. KA.45.J.891 from Hunsur to Mysore and when he came near Old B. M. Road, Hunsur Town, at that time, driver of KSRTC bus bearing KA.09.F.4409 came in a rash and negligent manner from Mysore side and dashed against the said motorbike. Due to which, deceased sustained grievous injuries to his head and other parts of the body and succumbed to the same at the spot. It is the further case of the appellants that, deceased was aged between 29 to 30 years, hale and healthy prior to the accident, doing coolie work and getting the income of Rs. 400/- per month and looking after the welfare of the family by contributing his entire earnings to the family.
(3.) The said claim petition had come up for consideration before the Tribunal. The Tribunal, after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of Rs. 7,15,000/- under different heads with interest at 6% p.a., from the date of petition till its realization.;


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