V.K. RAO Vs. BAHUR SINGH

JUDGEMENT

(1.) The instant is an appeal filed by Claimants under Sec. 173 of the Motor vehicle Act seeking for enhancement of compensation.

(2.) The order under challenge is an award dtd. 20/11/2015 (Annexure A-1) passed by the 9th Additional Motor Accident Claims Tribunal Raipur in Claim Case No. 270/2011. Vide the impugned award, the Tribunal in a death case has awarded a compensation of Rs.3,05,000.00 with interest @ 6% per annum from the date of accident. While passing the award, the Tribunal has exonerated the Insurance Company of its liability and has fastened the entire liability of payment of compensation upon the owner and driver of the offending truck i.e. respondent No. 1 and 2. It is this award which is under challenge in the instant appeal.

(3.) The appellants have challenged both the quantum of compensation awarded and also the exoneration of the Insurance Company of its liability since the vehicle was duly insured at the relevant point of time. There is no dispute so far as the vehicle being duly insured at the relevant point of time with the respondent No. 3. There is also no dispute so far as the accident that has occurred on 30/7/2010 in which the deceased Amitesh Rao succumbed to the injuries. The offending vehicle in the said accident belonging to the respondent No. 2 and driven by the respondent No. 1 at the time of accident, is also not in dispute. The respondent No. 1 had a license to drive a heavy vehicle but the license stood expired on 11/7/2010 and the accident occurred on 30/7/2010, i.e. on the date of accident the license had expired. The license had subsequently been reviewed only on 15/12/2010 i.e. after about 4-5 months from the date of accident. The age of the deceased in the instant case being 15 years is also not in dispute.