TIJAU RAM Vs. MAHENDRA KUMAR AND ORS

JUDGEMENT

(1.) This is claimant's appeal for enhancement of the compensation awarded by the 9th Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 31-8-2006, passed in Claim Case Nos. 55/2004 and 92/2005.

(2.) The unfortunate death of deceased Bhagobai in the motor accident on 12-03-2004 gave rise to filing of two separate claim cases numbered at Claim Case No. 55/2004 and Claim Case No. 92/2005. Appellant Tijau Ram claiming himself to he the husband of deceased Bhagobai filed Claim Case No. 55/ 2004 claiming compensation of L 8,90,000/-, whereas the other Claim Case No. 92/2005 was filed by respondents No. 4 Shivlal and No. 5 Devki Bai claiming themselves to he father and daughter of deceased Bhagobai. The Tribunal decided both the claim cases by the impugned common award dated 31-08-2006 whereby compensation of L 1,68,000/- was awarded along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment. Out of the above amount of compensation of L 1,68,000/- the Tribunal awarded L 68,000/- to appellant Tijau Ram and L 1,00,000/- to respondent No. 5 Devki Bai.

(3.) The Tribunal, on a close scrutiny of the entire evidence led before it held that deceased Bhagobai died on account of the injuries sustained by her in the motor accident on 12-03- 2004, the accident occurred due to rash and negligent driving of the driver of the offending vehicle Maruti Van bearing registration No. CG-07/0647; as the above offending vehicle Maruti Van on the date of the accident was insured with the National 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.