DUKHWARAM TANDAN Vs. RABIBAHADUR

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the Ninth Additional Motor Accident Claims Tribunal. Durg (for short 'the Tribunal') vide award dated 17.09.2004, passed in Claim Case No. 230/2004.

(2.) As against the compensation of Rs. 28,00,000/- claimed by the Appellants/claimants, unfortunate parents and younger brother of deceased Shiv Kumar, by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 27-09-1999, the Tribunal awarded a total sum of Rs. 1.32.000/- 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 Shiv Kumar died on account of the injuries sustained by him in the motor accident on 27.09.1999; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No. W.B.I 1/7387; as the above offending vehicle Truck on the dale 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.