SONKU RAM Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dantewada (for short 'the Tribunal') vide award dated 28-01-2011 passed in Claim Case No. 158/2009.

(2.) As against the compensation of Rs. 9,00,000.00 claimed by the appellants/claimants, unfortunate husband and minor children of deceased Tulsi Bai, by filing a claim petition under Sec. 166 of the Motor Vehicles Act, for her death in the motor accident on 26-04-2009, the Tribunal awarded a total sum of Rs. 2,04,000.00 as compensation along with interest @ 7.5%- per annum from the date of filing of the claim petition till the date of it actual payment.

(3.) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Tulsi Bai died on account of the injuries sustained by her in the motor accident on 26-04-2009; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Commander Jeep bearing registration No. C.G.-18/ZD-0624, as the above offending vehicle Commander Jeep on the date of the accident was insured with the National 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.