C.L. SAHU Vs. VIJAY KUMAR

JUDGEMENT

(1.) THE unfortunate husband, daughter and son of deceased Smt. Shail Sahu are the appellants before us in this appeal for enhancement of the compensation awarded by the Tenth Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 28.06.2005, passed in Claim Case No.33/2004.

(2.) AS against the compensation of Rs.15,25,000/- claimed by the appellants/claimants, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the death of deceased Smt. Shail Sahu in the motor accident on 07.04.2001, when Tata Sumo bearing registration No.M.P.23LA/1827 in which she was travelling dashed against a stationary Truck resulting in her death, the Tribunal awarded a total sum of Rs.50,000/- as compensation along with interest @ 9% per annum in the event of the insurer's failure to pay the amount of compensation within a period of one month of the passing of the award.

(3.) THE Tribunal holding that the claimants could not establish any independent income of the deceased awarded lump-sum of Rs.50,000/- as compensation to the claimants. THE Tribunal further directed payment of interest on the above amount of compensation of Rs.50,000/- @ 9% per annum in the event of the insurer's failure to pay the amount of compensation within one month of the passing of the award.