SUMRIT BAI & ORS Vs. KOKRAM & ORS

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Bilaspur (for short 'Tribunal') vide award dated 4-4-2005, passed in Claim Case No. 85/2004.

(2.) As against the compensation of Rs. 15,95,000/- claimed by the appellants/claimants, unfortunate widow, minor children and mother of deceased Sudarshan Chandra-wanshi, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 11-5-2004, the Tribunal awarded a total sum of Rs. 3,33,600/- 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 deceased Sudarshan Chandrawanshi died on account of the injuries sustained by him in the motor accident on 11-5-2004; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Trax bearing registration No.C.G.04-B/2143; as the above offending vehicle Trax on the date of the accident was insured with the New 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.