BIRBAL RAM NETAM Vs. HEMANT KUMAR

JUDGEMENT

(1.) The unfortunate parents and younger sister of deceased Ganesh Ram are the appellants before us in this appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari, District Raipur (for short 'the Tribunal') vide award dated~I9-4-2006, passed in Claim Case No. 522/2004.

(2.) As against the compensation of Rs. 18,50,000/-, claimed by the appellants/claimants, unfortunate parents and younger sister of deceased Ganesh Ram, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 3-6-2004, the Tribunal awarded a total sum of Rs. 1,70,000/- as compensation along with interest @ 6% per annum in the event of insurer's failure to deposit the amount of compensation within 30 days of the passing of the award.

(3.) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Ganesh Ram died on account of the injuries sustained by him in the motor accident on 3-6-2004; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Matador bearing registration No. CG07-ZB/0236; as the above offending vehicle Matador on the date of the accident was insured with the Oriental 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.