KIRAN KHANDEY Vs. MANISH SHRIVASTAV

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the 10th Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 17.08.2004, passed in Claim Case No. 81/2004.

(2.) As against the compensation of Rs. 47,48,040/- and Rs. 2,40,000/- claimed by the appellants/ claimants, unfortunate widow, minor son, mother and brother of deceased Kartik Ram Khandey by filing a joint claim petition for the death of deceased Kartik Ram Khandey and for the injuries sustained by claimant No. 1 Smt. Kiran Khandey in the motor accident on 10.05.2002, the Tribunal awarded a total sum of Rs. 5,60,600/- as compensation for the death of deceased Kartik Ram Khandey in the motor accident along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. The Tribunal did not award any compensation to claimant No.1 Kiran Khandey for the injuries alleged to have been sustained by her in the motor accident as no doctor was examined before the Tribunal to establish the injuries said to have been sustained by the claimant in the motor accident.

(3.) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Kartik Ram Khandey died on account of the injuries sustained by him in the motor accident on 10.05.2002; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Maxi-Cab bearing registration No. M.P. 26E/7300; as the above offending vehicle Maxi-Cab on the date of the accident was insured with the Oriental 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.