BALAP RAM Vs. RAMESH CHOUHAN

JUDGEMENT

(1.) The unfortunate parents of deceased Budhwaru Ram are the appellants before us in this appeal for enhancement of the compensation awarded by the Fourth Additional Motor Accident Claims Tribunal, Raigarh, (for short 'the Tribunal') vide award dated 24-07-2007, passed in Claim Case No. 29/2006.

(2.) As against the compensation of L 14,25,000/- claimed by the appellants/claimants, unfortunate parents of deceased Budhwaru Ram, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 29-08-2006, the Tribunal awarded a total sum of L 87,000/- as compensation along with interest @ 7.5% 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 the claimants' son Budhwaru Ram died on account of the injuries sustained by him in the motor accident on 29-08-2006; the accident occurred due to the negligence of deceased Budhwaru Ram himself and the driver of the other vehicle Dumper bearing registration No. H.R.-38/H- 0709; the negligence of deceased Budhwaru Ram and the driver of the Dumper was to the extent of 50% each; as the above Dumper on the date of the accident, was insured with the Iffco Tokiyo General 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.