FAGUVARAM DEWANGAN Vs. LATELIN BAI

JUDGEMENT

(1.) This is owner's appeal assailing the award dated 31.1.2009 passed by the Additional Motor Accident Claims Tribunal (FTC), Bemetara (in short "the Tribunal") in Claim Case No. 21/2008 whereby in a death case compensation of Rs. 1,02,500/- has been awarded in favour of the claimants. Facts of the case in brief are that on 24.4.2008 when deceased Patrakhan was going on a motorcycle along with two pillion riders, the said vehicle was dashed by a Maxi Cab bearing registration No. CG 04/0398 resulting in death of Patrakhan.

(2.) A claim case was filed by the claimants, who are widow and major children of the deceased, for compensation of Rs. 36.80 lacs.

(3.) Vide impugned award the Tribunal has awarded compensation of Rs. 1,02,500/- in favour of the claimants. The Tribunal has also exonerated the insurance company by holding that there was breach of policy conditions.