LAWS(CHH)-2010-10-52

PITAMBAR KODWANI Vs. NAGINA SINGH & ORS.

Decided On October 07, 2010
Pitambar Kodwani Appellant
V/S
Nagina Singh And Ors. Respondents

JUDGEMENT

(1.) This is claimant s appeal seeking enhancement of compensation awarded by Additional Motor Accidents Claims Tribunal, Raipur (for short Claims Tribunal ) in claim case No.76/2001 vide order dated 18-02-2002.

(2.) As against the compensation of Rs. 5,80,000.00 claimed by the appellant/claimant by filing a claim petition under Sec. 166 of the Motor Vehicles Act for the injuries sustained by him in the motor accident on 14-01-1994, the Tribunal awarded a total sum of Rs. 1,24,600.00 as compensation along with interest at 9% per annum from the date of filing of claim petition till the actual payment.

(3.) The Tribunal on close scrutiny of the evidence led before it, held that claimant Pitambar Kodwani sustained injuries in the motor accident on 14-01-1994; the accident occurred due to rash and negligent driving of driver of truck No. M.K.R. 1062; as the above truck on the date of accident was insured with the New India Insurance Company Limited Respondent No.3, the insurance company was liable to pay compensation to the claimant. As the respondents have not filed any appeal against the award, the above findings recorded by the Claims Tribunal have now attained finality.