MOHAMMAD TASLIM ANSARI Vs. MURLIDHAR CHAUDHARI & ORS

JUDGEMENT

(1.) Appellant/claimant Mohammad Taslim Ansari is seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Jashpur (for short 'Tribunal' vide award dated 31-1-2008, passed in Claim Case No. 44/2005.

(2.) As against the compensation of Rs. 9,79,000/- claimed by the appellant/claimant, unfortunate father of deceased Mohammad Taslim Sarvar Ansari, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 27-5- 2005, the Tribunal awarded a total sum of Rs. 1,82,000/- 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 claimant's son Mohammad Sarvar Ansari died on account of the injuries sustained by him in the motor accident on 27-5-2005; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No. C.G. 10/A-4564; as the above offending vehicle Truck 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 compensation to the claimant.