DESAI RAM Vs. FIROZ KHAN

JUDGEMENT

(1.) The impugned award dated 29.01.2005, passed by the Fourth Additional Motor Accident Claims Tribunal, Ambikapur (for short 'the Tribunal') in Claim Case Nos. 32/2003 and 33/2003 has given rise to filing of these two miscellaneous appeals for enhancement of the compensation.

(2.) Appellants Smt. Dharambai and Ku. Asha, widow and minor daughter of deceased Shivaram (Appellants in M.A. No. 843/2005) and Appellants Dasai Ram and Balmati, father and mother of deceased Shivaram (Appellants in M.A. No. 796/2005) filed separate claim petitions before the Tribunal claiming compensation for the death of Shivaram in the motor accident on 03.06.2002.

(3.) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Shivaram died on account of the injuries sustained by him in the motor accident on 03.06.2002; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Bus bearing registration No. M.P. 27/B/3577; 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.