LAWS(CHH)-2011-7-47

DAHNA BAI RAJHANS Vs. AYYUB ALI ALIAS BABAN

Decided On July 21, 2011
DAHNA BAI RAJHANS Appellant
V/S
AYYUB ALI @ BABAN Respondents

JUDGEMENT

(1.) THIS is claimants appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 03.07.2008, passed in Claim Case No.81/2007.

(2.) AS against the compensation of Rs. 19,00,000/- claimed by the appellants/ claimants, unfortunate widow and major sons of deceased Kola Kanhu Rajhans, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 08.03.2007, the Tribunal awarded a total sum of Rs. 1,04,500/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

(3.) SHRI Shivendu Pandya, learned counsel for respondent No.3, the New India Insurance Company Limited, the insurer of the offending vehicle Minibus, on the other hand, contended that as deceased Kola Kanhu Rajhans was aged about 60 years on the date of the accident, the compensation of Rs. 1,04,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case.