LAWS(CHH)-2011-7-32

PARMANAND DUBEY Vs. MANOJ

Decided On July 11, 2011
Parmanand Dubey Appellant
V/S
MANOJ Respondents

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Bemetara, district Durg (for short 'the Tribunal') vide award dated 27-10-2006, passed in Claim Case No. 29/2006.

(2.) As against the compensation of Rs. 10,48,000.00 claimed by the appellants/claimants, unfortunate husband and son of deceased Laxmi Dubey, by filing a claim petition under Sec. 166 of the Motor Vehicles Act, for her death in the motor accident on 8-4-2006, the Tribunal awarded a total sum of Rs. 57,000.00 as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

(3.) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Laxmi Dubey died on account of the injuries sustained by her in the motor accident on 8-4-2006; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Minibus bearing registration No CG09-ZA/2013; as the above offending vehicle Minibus on the date of the accident was insured with the Oriental Insurance Company Limited, the Insurance Company was liable to pay compensation to the claimants.