VINAY SHAHA Vs. HARVILAS HAJARILAL MISTRI

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Bhanupratappur, Ranker (for short 'the Tribunal') vide award dated 28-11-2008, passed in Claim Case No. 94/2007.

(2.) As against the compensation of Rs. 5,20,000/- claimed by the appellants/claimants, unfortunate husband and children of deceased Smt. Mayarani Shaha, by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death on 21-11-2006 on account of the injuries sustained by her in the motor accident on 08-11-2006, the Tribunal awarded a total sum of Rs. 1,75,000/-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 deceased Smt. Mayarani Shaha died on 21-11-2006 on account of the injuries sustained by her in the motor accident on 08-11-2006; the accident occurred due to rash and negligent driving of the motorcyclist of the offending Hero Honda Motorcycle bearing registration No. CG-04/CN-1956; though the above motorcycle on the date of the accident was insured with the National Insurance Company Limited, as the risk of the pillion-rider was not covered under the insurance policy, the Insurance Company was not liable to pay compensation to the claimants and the liability in that behalf was of the owner and driver of the offending motorcycle.