ANITA Vs. RAMANAND PRASAD PATEL

JUDGEMENT

(1.) The unfor-tunate widow and parents of deceased Dilsai are the appellants before us in this appeal for enhancement of the compensation awarded by the Fourth Additional Motor Accident Claims Tribunal, Surajpur, district Sarguja (for short 'the Tribunal') vide award dated 23-4-2005, passed in Claim Case No. 24/ 2005.

(2.) As against the compensation of Rs. 24,50,000/- claimed by the appellants/ claim-ants, unfortunate widow and parents of de-ceased Dilsai, by filing a claim petition un-der Section 166 of the Motor Vehicles Act, for his death in the motor accident on 13-8-2003, the Tribunal awarded a total sum of Rs. 1,79,500/- 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 de-ceased Dilsai died on account of the injuries sustained by him in the motor accident on 13-8-2003; the accident occurred due to rash and negligent driving of the driver of the of-fending vehicle Bus bearing registration No. C. G. 15-ZA-0135; 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 condi-tions, the Insurance Company was liable to pay compensation to the claimants.