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2014 Supreme(Chh) 81

PRITINKER DIWAKER
SANGAPPA NIGAPPA CHAMOJI – Appellant
Versus
KONDS @ LAXMIKANT YADAV – Respondent


Advocates:
Advocate Appeared
Shri Goutam Khetrapal, Advocate, for the Appellants.
None for the Respondents No.1 & 2.
Shri S.S. Rajput, Advocate, for the Respondent No. 3.

ORDER

1. This appeal filed by the claimants arises out of the award dated 13.12.2011 passed by III Additional Motor Accident Claims Tribunal, Raipur (in short "the Tribunal") in Claim Case No.233/2011 whereby in a death case compensation of Rs.4,94,820/- has been awarded in favour of the claimants.

2. Facts of the case in brief are that on 27.5.2009 while Suresh Chamoji, who was working as Constable in 139th Battalion of CRPF, along with his fellow constables was travelling in a truck, the said truck was dashed by a dumper bearing registration No. C.G.04-J.B.-2847 resulting in instantaneous death of Suresh Chamoji.

3. A claim case was filed by the claimants, who are mother and father of the deceased, before the Tribunal for compensation of Rs.23,35,000/- under various heads, inter alia, pleading that at the relevant time, the deceased was 25 years of age, he was a permanent government employee, working as Constable and drawing salary of Rs. 13,000/- per month.

4. However, learned Tribunal by the impugned award granted a total compensation of Rs.4,94,820/- with interest @ 6% on the following basis:

(i) that though salary of the deceased was Rs.11,547/- per month but since after the death




















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