INDRANI UPADHAYAY Vs. SURESH KUMAR YADAV

JUDGEMENT

(1.) The unfortunate widow and minor children of deceased Sharda Prasad Upadhayay are the appellants before us in this appeal for enhancement of the compensation awarded by the 14th Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 26.02.2005, passed in Claim Case No.06/2004.

(2.) As against the compensation of Rs.16,74,000/- claimed by the appellants/ claimants, unfortunate widow and minor children of deceased Sharda Prasad Upadhayay, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 24.04.2002, the Tribunal awarded a total sum of Rs.5,67,640/- 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 Sharda Prasad Upadhayay died on account of the injuries sustained by him in the motor accident on 24.04.2002; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Jeep bearing registration No.C.G.04-ZA-2094; as the above offending vehicle Jeep 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 compensation to the claimants.