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2012 Supreme(Online)(Chh) 82

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
, J
Ashok Yadav and Another v. Shakur Mohammed and Others


1. This appeal has been filed by the appellants - claimants under S.173 of the Motor Vehicles Act , 1988 against the award dated 2.2.2010 passed by the First Additional Motor Accidents Claims Tribunal, Raipur (in short 'the Tribunal') in Claim Case No. 67 of 2009 whereby claim petition of the appellants - claimants has been dismissed.

2. Brief facts of the case, as per averments made in the claim petition, are that Pawan Yadav was working as helper in Mahamaya Steel Industries Sarora (Urla). On 28.2.2009 respondent No. 1, driving the crane, which was at the relevant time owned by respondent No. 2 and insured with the respondent No. 3 in a rash and negligent manner, caused accident, as a result of which Pawan Yadav was crushed under the wheel of the crane and died on the spot.

3. At the time of accident, the deceased was a bachelor of 19 years and was earning Rs. 4,000 per month by working as helper in the crane. In addition to this, he was also earning Rs. 2,000 per month by running a betel shop. The appellants - claimants, who are parents of the deceased, were dependent upon the deceased. Therefore, they filed a claim petition under S.166 and S.140 of the Motor Vehicles Act , 1988



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