SATWANTIN BAI Vs. VINOD KUMAR YADAV

JUDGEMENT

(1.) M.A. (C) No. 781/2007 has been preferred by the appellants/claimants seeking enhancement of compensation awarded by the 1st Additional Motor Accidents Claims Tribunal, Bilaspur (for short 'the Tribunal') in claim case No. 117/2006 vide award dated 3-5-2007 whereas M.A. (C) No. 955/2007 has been preferred by the appellant/owner of the offending vehicle challenging his liability for payment of compensation fastened upon him in the above award. Both the appeals were filed against the same award passed by the Claims Tribunal, therefore, both the appeals are being disposed of by this common order.

(2.) As against the compensation of Rs. 13,80,000/- claimed by the claimants i.e. unfortunate widow and minor children of deceased Santosh Kumar Sahu by filing application under Section 166 of the Motor Vehicles Act, 1988 (for brevity 'the Act') for his death in the motor accident on 20-3-2006, the learned Tribunal has awarded a total sum of Rs. 3,63,000/- along with interest at the rate of 6% per annum from the date of application till its actual payment against the owner and driver of the offending vehicle bearing registration C.G. 11/A-5038, exonerating the New India Insurance Company Limited from its liability to pay compensation to the claimants.

(3.) The learned Tribunal, on a close scrutiny of the evidence led, held Vinod Kumar Yadav i.e. driver of the offending vehicle i.e. Auto bearing registration No. C.G. 11/A-5308 responsible for the accident; as the offending vehicle was being plied at the time of accident in violation of policy conditions, Insurance Company is not liable for payment of compensation; assessed and awarded the aforesaid sum of Rs. 3,63,000/- as compensation in favour of the claimants against the owner and driver of the offending vehicle, along with interest at the rate of 6% per annum from the date of filing of claim application till its actual payment.