MAHESIA BAI Vs. ARUN KUMAR GOND

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the Fourth Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 31.01.2001 passed in Claim Case No.24/2000.

(2.) As against the compensation of Rs.9,23,000/- claimed by the appellants/claimants, unfortunate widow, minor children and father of deceased Ghanshyam Prasad Vishwakarma, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 29.05.1999, when the tractor-trolley bearing registration Nos.MP-26E/3707 & MP-26E/3706, in which he was travelling as coolie met with an accident and overturned due to rash and negligent driving of its driver resulting in his instantaneous death on the spot itself, the Tribunal awarded a total sum of Rs. 1,38,000/- as compensation along with interest @ 12% 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 Ghanshyam Prasad Vishwakarma died on account of the injuries sustained by him in the motor accident on 29.05.1999; the accident occurred due to rash and negligent driving of the driver of the tractor-trolley; as the tractor-trolley on the date of the accident was insured with the New India Insurance Company Limited, the Insurance Company was liable to pay compensation to the claimants.