CHHATTISGARH HIGH COURT
Judge A, J
S. E. C. L. Bishrampur and Others v. Bharti Devi and Others
1. The present appeal under S.173 of the Motor Vehicles Act, 1988 (henceforth 'the Act') has been preferred by the owner of the vehicle, who also happens to be the employer of the deceased. On account of death of the deceased Satish Kumar, a claim petition under S.166 of the Act was preferred by his legal heirs (widow, two minor sons and parents) and the Claims Tribunal has awarded compensation of Rs. 15,68,212 in their favour.
2. Brief facts of the case, as stated in the claim petition and the memo of appeal, are that the deceased Satish Kumar, son of Neelmani, was employed with appellants SECL as a dumper driver and was working in the Pokhariya Mines, Bishrampur. On 7.12.2002, at about 2.30 p.m., the dumper (haulpak) sunk in Mine No. 9, Pokhariya, as a result of which the deceased received grievous injuries and subsequently succumbed to injuries. The claimants, being the widow, two minor sons and parents of the deceased, preferred the subject claim petition claiming compensation of Rs. 66,32,264 under different heads on the submission, inter alia, that deceased was earning monthly salary of Rs. 11,480.88 and on account of his death, the claimants have lost the only earning member
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