ANUSUIYA Vs. SAIUDDINKAJI

JUDGEMENT

(1.) The unfor tunate widow and minor son of deceased Shyam Lai are the appellants before us in this appeal for enhancement of the compen-sation awarded by the First Motor Accident Claims Tribunal, Mahasamund (for short, 'the Tribunal') vide award dated 6-2-2003, passed in Claim Case No. 17 of 2001.

(2.) As against the compensation of Rs. 6,68,000/- claimed by the appellants/claim-ants, unfortunate parents, widow and minor son of deceased Shyam Lal by filing a claim petition under Section 166 of the Motor Ve-hicles Act, for his death in the motor acci-dent on 11-3-2001, the Tribunal awarded a total sum of Rs. 2,49,800/- as compensation 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 de-ceased Shyam Lal died on account of the in-juries sustained by him in the motor acci-dent on 11-3-2001; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Mini Bus bearing reg-istration No. M. O. T./9124; as the above of-fending vehicle Mini Bus on the date of the accident was insured with the Oriental In-surance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Com-pany was liable to pay compensation to the claimants.