LAKHA BAI Vs. SITARAM DASERIYA

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Dhamtari, (for short `the Tribunal') vide award dated 15.10.2009, passed in Claim Case No.82/2009.

(2.) AS against the compensation of Rs.17,50,000/- claimed by the appellants/ claimants, unfortunate widow, minor children and parents of deceased Mahesh Kumar Tandan, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 18.10.2008, the Tribunal awarded a total sum of Rs.1,06,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

(3.) SO far as the finding recorded by the Tribunal that the Truck driver was responsible for the accident to the extent of 50% only and thereby directing only 50% of the compensation assessed to be paid by the insurer of the Truck is concerned, it is apparent that deceased Mahesh Kumar Tandan was only a pillion-rider on the motorcycle and he was not driving the motorcycle at the time of the accident.