PONAM BAI Vs. TUKARAM

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the Second Additional Motor Accident Claims Tribunal, Mahasamund (for short 'the Tribunal'. vide award dated 31.12.2004, passed in Claim Case No.74/2004.

(2.) As against the compensation of Rs.11,05,000/-, claimed by the appellants/claimants, unfortunate widow and minor children of deceased Krishna Netam by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 17.04.2004, the Tribunal awarded a total sum of Rs.1,48,750/- 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 Krishna Netam died on account of the injuries sustained by him in the motor accident on 17.04.2004; the deceased who was driving the Truck bearing registration No.C.G.-06A/6590 and the driver of the other vehicle Metador bearing registration No.CG-04- ZB/0211 equally contributed to the accident, in which drivers of both the vehicles died; as the above Metador 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 50% of the compensation assessed to the claimants.