URMILA Vs. KRISHNASWAMI PILLE

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Mahasamund (for short, 'the Tribunal') vide award dated 26.4.2010, passed in Claim Case No. 121 of 2009.

(2.) As against compensation amount of Rs. 30,50,000 claimed by the appellants-claimants, unfortunate widow and minor daughter of deceased Sahebram Sahu, by filing a claim petition under section 166 of the Motor Vehicles Act, for his death in the motor accident on 21.6.2008, the Tribunal awarded a total sum of Rs. 1,15,000 as compensation along with interest at the rate of 6 per cent 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 Sahebram Sahu died on account of the injuries sustained by him in the motor accident on 21.6.2008; the accident occurred due to negligence of deceased Sahebram Sahu himself who was driving his motor cycle bearing registration No. CG 06-ZE 4777 and the driver of the other vehicle (truck) bearing registration No. CG 04-G 4135; the negligence of deceased Sahebram Sahu and the driver of the truck was to the extent of 50 per cent each; as the above truck, on the date of the accident, was insured with National Insurance Co. Ltd. and the insurance company could not establish any breach of the policy conditions, the insurance company was liable to pay 50 per cent of the compensation assessed to the claimants.