VIJAY KUMAR SAHU Vs. DHARMENDRA SINGH MERAVI

JUDGEMENT

(1.) The appellants/claimants have filed this appeal for enhancement of compensation against award passed by the learned 1st Additional Motor Accident Claims Tribunal, Bemetara in Claim Case No. 96/2023 dtd. 10/11/2023, whereby the learned Tribunal has passed an award to the tune of Rs.2,85,000.00 with interest at the rate of 6% per anum on account of death of Yamini Sahu aged about 6 years.

(2.) The facts in brief are that on 9/4/2023 the grand father of the deceased/Nand Kumar Sahu was driving TVS XL Super bearing registration No. CG 25 5721 and the deceased was a pillion rider, when they reached near Village Khalhe Devri, the driver of offending vehicle Bolero Pick Up bearing registration No. MP 51 G 1075 by driving it rashly and negligently dashed the bike of Nand Kumar Sahu, consequently, Yamini Sahu and her grand father sustained injuries and succumbed to death. The claimants who are parents of the deceased/Yamini Sahu filed claim case under Sec. 166 of Motor Vehicle Act inter alia on the ground that at the time of accident age of the deceased was 6 years and they claimed sum of Rs.35,00,000.00.

(3.) The driver, owner as well as the Insurance Company filed reply to the claim application. The driver and owner took specific plea that on the date of accident, the driver of the offending vehicle had valid and effective driving licence and vehicle was insured with the Insurance Company. The Insurance Company took plea that the claimants have exaggerated the amount of compensation and the offending vehicle was being driven in breach of the Insurance policy. The learned Tribunal framed issues; parties led evidence, and thereafter, award was passed.