GOMTI BAI Vs. LAXMINARAYAN VISHAL SAHU

JUDGEMENT

(1.) This is claim ants' appeal for enhancement of the compensation awarded by the 4th Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 4-10-2005, passed in Claim Case No. 28/2005.

(2.) As against the compensation of Rs. 5,53,000/- claimed by the Appellants/claimants, unfortunate widow, minor daughter and mother of deceased-Ganesh Ram Sahu, by filing a claim petition under Section 163-A of the Motor Vehicles Act, for his death in the motor accident on 2-5-2001, the Tribunal awarded a total sum of Rs. 87,000/- 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 Ganesh Ram Sahu died on account of the injuries sustained by him in the motor accident on 2-5-2001; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Tractor-Trolley bearing registration Nos. M.B.S. 1243 and C..T. 8552, respectively, as the above offending vehicles Tractor-Trolley, on the date of the accident were insured with the United India Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants.