NERA BAI (SMT.) & ORS. Vs. GANGADHAR & ORS.

JUDGEMENT

(1.) THIS is claimants appeal for enhancement of compensation awarded by the 4th Additional Motor Accident Claims Tribunal, Raipur District Raipur (for short 'the Tribunal") vide award dated 01.08.2002, passed in Claim Case No. 04/2002.

(2.) THE claimants unfortunate widow, mother and minor son of deceased Vishnu Sahu claimed compensation of Rs. 19,00,000/ - by filing a claim petition under section 166 of the Motor Vehicles Act for his death in the motor accident on 29.07.1999 when he was dashed by the offending vehicle Truck bearing registration No. M.H. 31 M. 5581, resulting in serious injuries to Vishnu Sahu, who succumbed to those injuries on his way to the hospital. The claimants further pleaded that deceased Vishnu Sahu used to earn Rs. 100/ - per day by running a cycle shop and in addition to that, he had agricultural income of Rs. 15,000/ - per annum.

(3.) THE claimants examined A.W. -1 Smt. Mankunwar Bai and A.W. -2 Sukhchand Sahu in support of their claim whereas the insurer of the offending vehicle truck did not examine any witness in rebuttal.