CHAMPA BAI Vs. MO NURUL HAQUE

JUDGEMENT

(1.) The appeal arises from the award passed by the Chief Motor Accident Claims Tribunal, Raigarh, District Raigarh (C.G.) (for short, 'Tribunal') in Claim Case No. 07 of 2011. The appeal is at the instance of the claimants. Inadequacy of compensation is the subject matter of challenge in this appeal.

(2.) The factual matrix reveals that the deceased was proceeding on the Motor Cycle bearing No. CG 12-ZD/0806 on 16.02.2011. When he reached the place of occurrence, he was knocked down by the Bus bearing No. CG 13D/7077 driven by the 1st Respondent, owned by the 2nd Respondent and insured by the 3 rd Respondent, causing fatal injuries, ultimately leading to his death. This led to the claim petition preferred by the widow, daughter and the parents of the deceased.

(3.) The claim was contested mainly on quantum and negligence. Existence of valid insurance policy was admitted. Based on the pleadings and evidence, the Tribunal arrived at a finding that the accident was solely because of the negligence on the part of the 1st Respondent/driver of the Bus.