RASMET BAI Vs. SHAFEEK KHANLABIC

JUDGEMENT

(1.) This is claimants' appeal seeking enhancement of compensation awarded by the 6th Additional Motor Accident Claims Tribunal, Bilaspur, C.G. (for short 'the Tribunal') in claim case No. 65/11 vide award dated 14.03.2014.

(2.) As against the compensation of Rs.37,24,600/- claimed by both the widows & children of deceased - Bigan Singh Kanwar by filing claim application under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') for his death in the motor accident, the Tribunal awarded a total sum of Rs.5,90,588/- as compensation along with interest @ 7.5% per annum from the date of application 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 Truck bearing registration No. CG-15-AC-8700 by its driver - Shafeek Khan, respondent No.1 herein; Bigan Singh Kanwar died during treatment on account of injuries sustained by him in the said accident; respondent No.3/Bajaj Alliance General Insurance Company Limited liable for payment of compensation as it could not establish violation of policy conditions; assessed and awarded the aforesaid sum as compensation.