AAHILYA BAI Vs. URMILA SINGH GAUTAM & ORS.

JUDGEMENT

(1.) Appellant Aahilya Bai is seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Sakti, district Bilaspur (for short, the Tribunal ) vide award dated 17-07-2004, passed in Claim Case No.37 of 2003.

(2.) As against the compensation of Rs. 73,19,500.00 claimed by the appellant/claimant, unfortunate mother of deceased Sandeep Sahu, by filing a claim petition under Sec. 166 of the Motor Vehicles Act, for his death in the motor accident on 01-01-2003, the Tribunal awarded a total compensation of Rs. 1,81,000.00 along with interest @7% per annum from the date of filing of the claim petition till the date of actual payment.

(3.) The Tribunal on a close scrutiny of the entire evidence led before it held that the claimant s son Sandeep Sahu died on account of the injuries sustained by him in the motor accident on 01-01-2003; the accident occurred due to the negligence of both the drivers i.e. Mahindra Utility bearing registration No.C.G.11ZD/0103, which the deceased himself was driving and the other vehicle truck bearing registration No.C.G.-12/9233; both the drivers equally contributed to the accident; as the above vehicle Truck on the date of the accident was insured with the National Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay 50% of the compensation assessed by the Tribunal.