SANJUDEVI MAHATO Vs. SHRI BUNTI

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the 11th Additional Motor Accidents Claims Tribunal, Raipur (for short 'the Tribunal'. vide award dated 19.01.2009, passed in Claim Case No.14/2008.

(2.) As against the compensation of Rs.19,98,000/- claimed by the appellants/ claimants, unfortunate widow and minor children of deceased Sanjay Kumar Mahato, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 26.06.2007, the Tribunal awarded a total sum of Rs.3,09,480/- 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 Sanjay Kumar Mahato died on account of the injuries sustained by him in the motor accident on 26.06.2007; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Bus bearing registration No. C.G. 04/E-0355; as the above offending vehicle Bus 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 claimants.