KIRAN Vs. MANSOOR ANSARI

JUDGEMENT

(1.) The impugned award dated 13.12.2004 passed by the Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') in Claim Case No. 11/2002 has given rise to filing of these two appeals for enhancement of the compensation. M.A. No. 417/2005 has been filed by Smt. Kiran and Girish Talreja, widow and son of deceased Sunil Kumar, whereas M.A. No. 946/2005 is at the behest of Bhagwan Das and Smt. Ambri Devi, father and mother of deceased Sunil Kumar. The parents in their appeal are seeking only enhancement of the compensation awarded by the Tribunal, whereas the widow and minor son of the deceased are seeking enhancement of the compensation as well as modification of the apportionment of the compensation by the Tribunal between the claimants.

(2.) As against the compensation of Rs. 70,00,000/- claimed by the claimants, unfortunate widow, minor son and parents of deceased Sunil Kumar, by filing a joint claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 04.12.2001, the Tribunal awarded a total sum of Rs. 4,00,000/- as compensation to the claimants along with interest @ 9% per annum from the date of the award till the date of actual payment.

(3.) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Sunil Kumar died on account of the injuries sustained by him in the motor accident on 04.12.2001; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No. M.B.T.-8999; as the above offending vehicle Truck 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 compensation to the claimants.