PHOOLU BAI Vs. BITTU DUBEY

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the 13th Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 04.02.2005, passed in Claim Case No.52/2004.

(2.) As against the compensation of Rs. 4,45,000/-, claimed by the appellants/claimants, unfortunate mother-in-law and children of deceased Rukhmani, by filing a claim petition under Section 163-A of the Motor Vehicles Act, for her death in the motor accident on 16.07.2003, the Tribunal awarded a total sum of Rs. 1,74,500/- as compensation along with interest @ 7% 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 Rukhmani died on account of the injuries sustained by her in the motor accident on 16.07.2003; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Minibus bearing registration No.CG-19-ZA/0114; as the above offending vehicle Minibus on the date of the accident was insured with the National 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.