SMT. NILLO & ORS. Vs. SADHURAM & ORS.

JUDGEMENT

(1.) The unfortunate widow and parents of deceased Bhootnath are the appellants before us in this appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Bastar at Jagdalpur (for short the Tribunal) vide award dated 10-8-2005, passed in Claim Case No. 252/2004.

(2.) As against the compensation of Rs. 17,40,000.00 claimed by the appellants/claimants, unfortunate widow and parents of deceased Bhootnath, by filing a claim petition under Sec. 166 of the Motor Vehicles Act, for his death on 2-7-2004 on account of the injuries sustained by him in the motor accident on 26-6-2004, the Tribunal awarded a total sum of Rs. 1,83,640.00 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 Bhootnath died on 2-7-2004 on account of the injuries sustained by him in the motor accident on 26-6-2004; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Toyota Qualis bearing registration No. CG-04D/007; as the above offending vehicle Toyota Qualis 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.