LAWS(CHH)-2010-9-2

KUMARI BAI Vs. SURENDRA KUMAR

Decided On September 06, 2010
KUMARI BAI Appellant
V/S
SURENDRA KUMAR Respondents

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by First Additional Motor Accidents Claims Tribunal, Mahasamund (for short 'the Tribunal') vide award dated 30-11-2006, passed in Claim Case No. 42/2006.

(2.) As against the compensation of Rs. 14,50,000/- claimed by the Appellants/claimants, unfortunate widow and minor children of deceased Fekuram Sahu, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 10-4-2006, the Tribunal awarded a total sum of Rs. 1,72,000/- as compensation along with interest @ 6% 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 Tekram Sahu died on account of the injuries sustained by him in the motor accident on 10-4-2006; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Minibus bearing registration No. CG-10/A/3007; as the offending vehicle Minibus on the date of the accident was insured with the Oriental Insurance Company Limited, the Insurance Company was liable to pay the compensation to the claimants.