JAMUNA BAI Vs. ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) This is claimants' appeal seeking enhancement in the amount of compensation awarded by the 5th Additional Motor Accidents Claims Tribunal, Bilaspur (for short "the learned Tribunal") in Claim Case No. 22 of 2004 vide its award dated 8th September, 2004.

(2.) As against compensation of Rs. 5,34,000/- claimed by the claimants, i.e., unfortunate wife, parents and minor son of late Ganesh Yadav by filing claim application under Section 166 of the Motor Vehicles Act (henceforth 'the Act'), the learned Tribunal has awarded a total sum of Rs. 50,000/- as compensation to the claimants for the death of late Ganesh Yadav.

(3.) The learned Tribunal, on a close scrutiny of the evidence led, held : unidentified truck dashed the scooter bearing registration No. M.P. 24-B/9137, being driven by deceased Ganesh Yadav at the time of accident, as a result of which, he died; as per the claim application, the above accident had occurred on account of rash and negligent driving by driver of unidentified truck, therefore, the owner and insurer of the scooter cannot be held liable; awarded Rs. 50,000/- along with interest at 9% per annum from the date of application till its actual payment holding claimants are entitled for above amount under Section 140 of the Motor Vehicles Act.