BALARAM Vs. VIJAY KUMAR

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accidents Claims Tribunal. Pendra Road district Bilaspur (for short 'the Tribunal') vide award dated 29.04.2011, passed in Claim Case No. 39/2011. As against the compensation of Rs. 21,50,000/- claimed by the appellants/claimants, unfortunate parents, sister, brother and uncle of deceased Manoj Kumar, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 26.01.2010, the Tribunal awarded a total sum of Rs. 1,08,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

(2.) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Manoj Kumar died on account of the injuries sustained by him in the motor accident on 26.01.2010; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Maruti Car bearing registration No. C.G. 12-D/9659; as the above offending vehicle Maruti Car, on the date of the accident, was insured with the New India 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.

(3.) As the insurer of the above offending vehicle Maruti Car has not filed any appeal against the impugned award challenging the above findings recorded by the Tribunal, the same now have attained finality.