RUPCHANDRA PANDEY Vs. UMA SHANKAR SHUKLA

JUDGEMENT

(1.) The unfortunate parents of deceased Gajendra Pandey are the appellants before us in this appeal for enhancement of the compensation awarded by the Second Additional Motor Accident Claims Tribunal, Janjgir (for short 'the Tribunal') vide award dated 07.10.2009, passed in Claim Case No. 31/2009. As against the compensation of Rs. 50,00,000/- claimed by the claimants, unfortunate parents of deceased Gajendra Pandey by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 01.07.2008, the Tribunal awarded a total sum of Rs. 1,09,500/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

(2.) The Tribunal on a close scrutiny of the entire evidence led before it held that the claimants' son Gajendra Pandey died on account of the injuries sustained by him in the motor accident on 01.07.2008; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Tanker bearing registration No. CG-17 H/1106; as the above offending vehicle Tanker 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.

(3.) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality.