SAVITA SONI Vs. BENURAM

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the 7th Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 13-7-2010, passed in Claim Case No. 66/2008.

(2.) As against the compensation of Rs. 30,30,000/- claimed by the appellants/claimants, unfortunate widow and minor children of deceased Gorelal Soni, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 24-4-2008, the Tribunal awarded a total sum of Rs. 2,44,750/- as compensation along with interest @ 7% 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 Gorelal Soni died on account of the injuries sustained by him in the motor accident on 24-4-2008; the riders of both the Motorcycles, i.e., Hero Honda Splendor bearing Registration No. CG-07/LD-4285 on which deceased Gorelal Soni was travelling as a pillion-rider and the other Motorcycle Hero Honda Passion bearing registration No. CG-07/L-2738, were equally responsible for the accident to the extent of 50% each; as the Motorcycle Hero Honda Passion 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 conditions, the Insurance Company was liable to pay 50% of the compensation assessed to the claimants.