JUDGMENT :

1. This appeal arises out of the award dated 28.08.2017 passed by 4th Additional Motor Accident Claims Tribunal (for short the “Tribunal”), Raigarh (C.G.), in Claim Case No.54/2016 awarding a compensation of Rs.7,29,500/- in favour of the appellants/claimants for the death of Sanjay Jha.

2. Facts of the case in brief are that on 03.02.2016, deceased Sanjay Jha, who is husband of appellant No.1, father of appellant Nos. 2 to 4 and son of appellant No.5, was going to Kharsiya after loading kerosene oil from Vishrampur Depot in Tanker bearing registration No.CG-10-JB-1022. On the way to Kharsiya, one truck bearing registration No. CG-04-JD-9715 driven by respondent No.1 herein, in a rash and negligent manner, dashed the vehicle (Tanker) of deceased Sanjay Jha as a result of which, deceased was seriously burnt after the tanker caught fire in the accident. Thereafter, deceased Sanjay Jha was taken to JLNHRC Hospital, Bhilai, where he succumbed to the burn injuries on 04.02.2016. A claim petition was filed by the appellants/claimants, who happen to be the legal heir of the d