PIRITRAM BISUR PATEL Vs. FULSAI GUPTA & ORS

JUDGEMENT

(1.) Appellant/claimant Piritram is seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Bemetara, district Durg (for short the Tribunal ) vide award dated 27-4- 2006, passed in Claim Case No. 70/2004.

(2.) As against the compensation of Rs. 12,70,000/- claimed by the appellant/claimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the death of his father Bisru Patel in the motor accident on 24-6- 2004, the Tribunal awarded a total sum of Rs. 52,000/- 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 the claimant s father Bisru Patel died on account of the injuries sustained by him in the motor accident on 24-6-2004; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No. C.G.04-ZC/4152; as the above offending vehicle Truck on the date of the accident was insured with the United India 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 claimant.