LAWS(CHH)-2012-4-99

CHANDRASHEKHAR CHANDRA Vs. JYOTI BANJARE AND OTHERS

Decided On April 03, 2012
Chandrashekhar Chandra Appellant
V/S
Jyoti Banjare And Others Respondents

JUDGEMENT

(1.) This is owner's appeal against the award dated 27.11.2010, passed by the Motor Accident Claims Tribunal, Korba (for short 'the Tribunal') in claim case No. 155/2008.

(2.) As against compensation of Rs. 14,75,000/- claimed by respondents No. 1 to 3/claimants by filing claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'MV Act') for the injuries sustained by respect No. 1/claimant in the motor accident on 29.04.2008, the Tribunal awarded a total sum of Rs. 2,70,476/- as compensation along with interest @ 6 per cent per annum from the date of filing of claim petition till its actual payment.

(3.) The Tribunal, on a close scrutiny to evidence led, held: the accident had occurred due to rash and negligence driving of Gama Classic D.I. white colour bearing engine No. D-27025360 and chassis No. T-57057282 by its driver respondent No.4 Tikaram', respondent No. 1/claimant sustained multiple injuries including permanent disability in the said accident; respondent No.5/Insurance Company not liable for payment of compensation as vehicle was plight in violation of policy conditions; assessed and awarded aforesaid sum to the claimants as-compensation against the appellant.