REKHA NETAM Vs. GOPIRAM PATEL

JUDGEMENT

(1.) With the consent of the parties, the matter is taken up for hearing finally. This is claimants' appeal seeking enhancement of compensation awarded by the IVth Motor Accidents Claims Tribunal, Bilaspur (for short "the Tribunal") passed in Claim Case No. 183/2011, vide its award dated 22-9-2012.

(2.) As against the compensation of Rs. 46,50,000/- claimed by unfortunate widow and parents of deceased-Pradeep Netam, aged about 32 years, by filing claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short "the Act") for his death in the motor accident on 3-1-2011, the Tribunal awarded a total sum of Rs. 9,40,804/- to the claimants along with interest @ 6% per annum from the date of filing of claim petition till its actual payment.

(3.) The Tribunal, on a close scrutiny of the evidence led, held: the accident had occurred due to rash and negligent driving of Pick-up (offending vehicle) bearing registration No. CG 07-C/2382 by its driver, i.e., respondent No. 1-Gopiram Patel; Pradeep Netam died on account of the injuries sustained by him in the said accident; respondent No. 3/Oriental Insurance Company Limited liable for payment of compensation as it could not establish violation of policy conditions; and assessed and awarded aforementioned sum as compensation.