JAGESHWAR SAHU Vs. GHASIRAM CHOUHAN

JUDGEMENT

(1.) The unfortunate parents of deceased Mukesh Kumar Sahu are the appellants before us in this appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Mahasamund (for short 'the Tribunal') vide award dated 30.10.2006, passed in Claim Case No.19/2006.

(2.) As against the compensation of Rs.14,00,000/-, claimed by the appellants/claimants, unfortunate parents of deceased Mukesh Kumar Sahu by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 28.10.2005, the Tribunal awarded a total sum of Rs.1,22,000/- as compensation along with interest @ 6% per annum from the date of the 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 claimants' son Mukesh Kumar Sahu died on account of the injuries sustained by him in the motor accident on 28.10.2005; the accident occurred due to rash and negligent driving of the driver of the offending vehicle minibus bearing registration No.CG-06 A-8286; as the above offending vehicle minibus 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 the compensation to the claimants.