UPNARAYAN GURWANI Vs. BHUSHAN PRASAD SAHU

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari (for short 'the Tribunal') vide award dated 17.07.2005, passed in Claim Case No. 140/ 2004.

(2.) As against the compensation of Rs. 24,50,000/-. claimed by the Appellants/claimants, unfortunate parents of deceased Kailash Kumar, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 08.01.2003, the Tribunal awarded a total sum of Rs. 1,35,000/- as compensation to the claimants along with interest @ 6% per annum in the event of insurer's failure to deposit the amount of compensation within 30 days of the passing of the award.

(3.) The Tribunal on a close scrutiny of the entire evidence led before it held that claimants' son Kailash Kumar died on account of the injuries sustained by him in the motor accident on 08.01.2003; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Maruti Van bearing registration No. CG-05-9905 (old number OR-05-J-3436); as the above offending vehicle Maruti Van on the date of the accident was insured with the United India Insurance Company Limited, and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay the compensation to the claimants.