NIRMALA SARTHI & ORS Vs. JEETRAM YADAV ORS

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 22-8-2007, passed in Claim Case No. 143/2007.

(2.) As against the compensation of L 24,23,000/- claimed by the appellants/claimants, unfortunate widow, minor children and parents of deceased Rajkumar Sarthi, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 24-5-2006, the Tribunal award a total sum of L 6,85,300/- 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 Rajkumar Sarthi died on account of the injuries sustained by him in the motor accident on 24- 5-2006; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Tractor bearing reg istration No. C.G.- 10-ZD/1788, as the above offending vehicle Tractor, 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 the compensation to the claimants.