1 EN THE EXGH CQURT OF CHHATTES ARH AT BILASPUR sin!!! Bench [‘6 ’ C? Agwliamg : 1‘ Agad Pyara about Singh 7& Sig wars Badawa Singh, 2. Bachhan Kaur W]a Pyara Singh,‘ Aged about 65 years, 3, Ranjodh Sing}; W/e Pyara Singh, Aged about 23% years, All \R/O'Village; MaiSumpur Kurd, T§hsil — garbabgakala, RS; Meta Chewk Dlst : Anmtsar {PunjaB}—143 1 14 V¢r§g§ Respondents : 1. AnandKumar$fe$hi Brii Bhushan ljandey, Agedi abaut Qi years, R/o ‘ Bajrang Chev§k “Ngar :Shukla Timbar Chowki Kumhari, RS. Purani Bhiiai, t) Dist : Durg—(QGJ 03‘. .‘ [3.x w‘ C.G.04ZC1394) (Driver 0f the Offending Vehicle . g, 2. )1 gm. Kama Devi Sham, ma Shri" $° $3 years, Presently R/o residing Gagjbastal, a't Kumhari, Réipur-LCG.) Te’hsil - ek \ Damdha, Dist : Durg—(C.G.) adrmarayan $huk1a, Aged about 50 K ’O. a N (0wner of the offending Vehicle C.G.04ZC I394} @7/ Branch Memager The Qfientai insurance Gcmpany Ltd., ‘ 16, R.S.S. Market, Bhi1a§ Power House, Tehsil 8E Dist r Dmg—(C,GJ—4§0601 / MISC. APPEAL UIS 17$ Q? THE MGTOR VEHICLES AC’R M @ , W m 'H‘L 200 mm (W) mmWm W trrtwh‘ 115%W $ aim 311w MA. N0: 118 OF 2006 APPELLANTS 1. Pyara Singh S/o. Badawa Singh, Aged about 70 ycam. 2‘. Bachhan Kanr, W/o. Pyala Singh, Aged about 65 years 3. RanJodh Smgh S/o Pyaxa Smgh, ‘ Agcd about 23 years All R/o Village Mmsumpur Kuxd, Tehsil Bababakala, RSV Meta Cho'wk, Dist. Amritsar (Punjab) 143 1 14 Vs. REBPONDENTS 1. Anand Kumar S/o. Shri Bxij Bhushan Pandey, Agcd about 34 yeals, R/o.' Bajrang Chowk, Near , ‘Shnkla Timber Chmnh‘, Kumhari, I P.S. Purani Bhjlai, Distt. Burg- (LG. (Driver of the 0%nding Vehicle C.G.-o4z‘c1394} 2. Smt. Kamla Devi Shukla, W/o. Shri Badrinarayan Shukla, Aged about 50 years, R/ o. Ganjbastal, Raipur —CG Presently residing at Kumhari Tehsil-Damdha, District 'Duxg CG (Owner of the 0%ndmg Vehicle C G 04ZC1394) 3a Bmnch Manager, The Oriental Insulance Company Ltd., 16, RSS Market, Bh1la1Power a I v House, Tehs11 8r. Dlstt D W 001 _/ VGRPRJ FS/246 2/2607 -— 504mm. __/ i.» , " k Au} ‘iXwc—m mW,WW,W W m ‘u . 1111 200 WW (W) same is allowed. The delay ' mg the appeal is condoned. Heard on admission, The appellants]claim£nts have plefened this appeal against the award dated 9th of December 2005 passed in Claim Case No. 379/2005 by learned 10th Addit'onal Motor Accident Claims ' Tribunal (FTC) Durg whereby a sum of Rs. 3,51,000/- has been awarded to the claimants as compensau'on towanls the death of their son namely Sarvinder @ Sarinder Singh aged 27 years who died on 28.05.2004 as a msult of collusion between a truck bearing reg'suation No. CG 704 ZC/ 1394 and nailer bearing reg'stration No. MH 04 P/ 2E 79 while he was driver ofthe trailer. The only gmund urged by learned counsel for the appellants is that the deceased was wcrlcing as a driver ofthe trailer and was drawinga salaly of Rs. 6,0POI- per month and dailyallowance of ’63{1C—78 WW,W,W W m ,k .t 200 mm (m) $§§E§ mm fg€tm WWW ammm while assessing the annual income of as not considemd the daily allowance pald the deceased bv m owner of the hailér. It is submitted " that Samam Smgh Mr ofthc trailer had been examined by the clannants as PW—3 who has stated that Sarvinder Singh @ Sarinder Siggh was his d11ver anti he was paying him salary at Rs. 6,ooO/- mid was also pa“ ' Rs. so/- dam; )‘s Ihaveheardlearned unselfor'theyaru'es. “I have perused impuycd awat¢ The tribunal acnsidering the fact that e said wimess’ had not pmducedmanv document to show that he was the owner of the said trailer and further that no documents regardmg appomiment of the deceased reganhng paymentof mo thly wages etc was produced by the owner of the vehicle, has 0t accepted the claim of the claimants considering that he was ge1iing daily allowance as Rs.60/ -. Taking into consider ition that the tribnnal has accepted the evidence with respect to 1he monthly wages at Rs. 6,000/- and further considering that a lsum of Rs 3 51 OOOI- has been awarded to the claimants o are father and mother and who am aged 7O & 65 years re I am of the opinion that Just compensan'on has been In the insult the a being deVOid\qi:ments is liable to be dismissed and it is hereby dismissed at the admission smge itself. _ ff ilk», Sdl- Dhire'ndra MiShl‘a i ' Judge ‘\ «i t L h s v p