SUDAMARAM Vs. NASIBCHAND SHARMA

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Kanker (for short 'the Tribunal'. vide award dated 26.06.2010, passed in Claim Case No.61/2009.

(2.) As against the compensation of Rs.9,20,000/- claimed by the appellants/ claimants, unfortunate husband and children of deceased Urmila Bai, by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death in the motor accident on 19.04.2009, the Tribunal awarded a total sum of Rs.2,20,000/- 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 Urmila Bai died on account of the injuries sustained by her in the motor accident on 19.04.2009; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No. C.G. 04/ZC/ 1529; as the above offending vehicle Truck on the date of the accident was insured with the National 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.