UNITED INDIA INSURANCE COMPANY LIMITED Vs. GHERA BAI

JUDGEMENT

(1.) This is insurer's appeal against the award dated 29.6.2010 passed by Additional Motor Accident Claims Tribunal, Katghora (for short 'the Tribunal') in claim case No. 156/2008.

(2.) As against the compensation of Rs.19,38,000/- claimed by respondent No.1/claimant by filing claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') for the injuries sustained by her in the motor accident on 16.02.2008; the Tribunal awarded a total sum of Rs.1,39,000 along with interest @ 6% per annum from the date of filing of claim petition till its actual payment and in case of default in paying the amount of compensation within a period of 45 days, then the amount of compensation shall carry interest @ 9% per annum.

(3.) The Tribunal, on a close scrutiny of the evidence led, held: the accident had occurred due to rash and negligent driving of motorcycle bearing registration No.CG 12 ZE 9161 by its driver i.e. respondent No. 2 - Bisahuram; Gherabai sustained multiple serious injuries in the said accident; appellant/Insurance Company liable for payment of compensation as it could not establish the violation of policy conditions; assessed and awarded aforementioned amount of compensation to the claimant.