SMT. RENUKA KAHAR Vs. SUKHDEV CHAND AND OTHER

JUDGEMENT

(1.) This is claimant's appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Mahasamund, (for short the Tribunal') vide award dated 03-11-2009, passed in Claim Case No. 58/2009.

(2.) As against the compensation of Rs. 16,96,000.00, claimed by the claimants, unfortunate widow and parents of deceased Hernial Kahar, by filing a claim petition under Sec. 166 of the Motor Vehicles Act, for his death in the motor accident on 10-04-2009, the Tribunal awarded a total sum of Rs. 2,92,000.00 as compensation along with interest @ 6% 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 Hernial Kahar died on account of the injuries sustained by him in the motor accident on 10-04-2009, the accident occurred due to rash and negligent driving of the driver of the offending vehicle snick-dumper bearing Registration No.CG-06/A-7805; as the above offending vehicle truck-dumper, on the date of the accident, was insured with the ICICI Lombard Motor General 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.