JANKIBAI & ORS. Vs. NARAYAN YADAV & ORS.

JUDGEMENT

(1.) This is claimants appeal for enhancement of the compensation awarded by the Fourth Additional Motor Accident Claims Tribunal, Raigarh (for short, the Tribunal ) vide award date 30-06-2003, passed in Claim Case No.32 of 2002.

(2.) As against the compensation of Rs. 31,40,000.00 claimed by the appellants/claimants, unfortunate widow and children of deceased Kirodimal Sharma, by filing a claim petition under Sec. 166 of the Motor Vehicles Act, for his death in the motor accident on 23-08-1998, the Tribunal awarded a total sum of Rs. 2,31,224.00 as compensation to the claimants along with interest @ 9% 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 deceased Kirodimal Sharma died on account of the injuries sustained by him in the motor accident on 23-08-1998; the accident occurred due to rash and negligent driving of the driver of the offending vehicle truck bearing registration No.HR-38/8583; as the offending vehicle truck on the date of the accident was insured with the New India Insurance Company Limited, but the driver of the truck was not holding a valid driving license, the Insurance Company was not liable to pay the compensation to the claimants and the liability in that behalf was that of the owner of the truck. The Tribunal, however, directed the insurer of the truck to first pay the compensation awarded by the Tribunal to the claimants and then recover the same from the owner of the truck.