Order On Board

26/03/2025

1. Claimants/appellants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act of 1988’) seeking enhancement of compensation awarded by the learned Chief Motor Accident Claims Tribunal, Raipur, District – Raipur (for short ‘the Claims Tribunal’) vide award dated 26.02.2020 passed in Claim Case No.789/2017 thereby allowing application in part and after deducting 50% towards contributory negligence, awarding Rs.6,77,600/- as compensation in a death case.

2. Facts relevant for disposal of this appeal are that on 03.10.2017 Omprakash Yadav (since deceased), who was going on his Hero- Honda Splendor motorcycle, bearing registration number CG-04KQ- 7338, at a normal and careful speed from village Kaudiya to his home at village Kusmi, collided with the stationary truck bearing registration No.C.G.-04-JC-6921, which was parked by the respondent No.1-driver on the middle of the road without any warning signals. Due to the said collision, Omprakash suffered severe injuries to various parts of his body, which ultimately led to his death.

3. Claimants/appellants being the legal heirs of the deceased, filed an application under Section