PARAS BAI Vs. AMIT KUMAR AGRAWAL

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal'. vide award dated 30.11.2010, passed in Claim Case No.19/2010.

(2.) As against the compensation of Rs.19,70,000/-, claimed by the appellant/claimant by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by her in the motor accident on 10.07.2008, the Tribunal awarded a total sum of Rs.15,000/- as compensation along with interest @ 9% 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 claimant Paras Bai sustained multiple serious injuries including fractures in the motor accident on 10.07.2008; the accident occurred due to negligence of the drivers of both the vehicles i.e. Maxi-Cab Jeep bearing registration No.CG-10-ZA/0464 in which the claimant was travelling and the other vehicle unknown Bus; the negligence of the driver of Maxi-Cab Jeep and the unknown Bus was to the extent of 50% each; as the above Maxi- Cab Jeep on the date of the accident was insured with the New India Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay 50% of the compensation assessed to the claimant.