MEENA NAGWANI Vs. SONU SINGH DHRUV

JUDGEMENT

(1.) This is claimant's appeal for enhancement of compensation awarded by the 6th Additional Motor Accidents Claims Tribunal, Bilaspur, C.G. in Claim Case No. 112/2013 vide award dated 30.10.2013. However, no counter appeal has been filed by the respondents.

(2.) As against the compensation of Rs.11,50,000/- claimed by the unfortunate parents of deceased -Santosh Nagwani by filing application under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') for his death in the motor accident dated 09.10.2011, the Tribunal has awarded a total sum of Rs.3,08,000/- as compensation along with interest at 7.5% per annum from the date of application till its actual payment.

(3.) The Tribunal, on a close scrutiny of the evidence led before it, held that the accident had occurred due to rash and negligent driving of Swaraj Majda bearing registration CG10-A-1199 by its driver Sonu Singh Dhruv; deceased -Santosh Nagwani, aged about 32 years, earning Rs.10,000/- per month as a Carpenter died on account of injuries sustained by him in the said accident; respondent No.3/the Oriental Insurance Company Limited is liable for payment of compensation as it could not establish violation of policy conditions; assessed and awarded the aforesaid amount of compensation along with interest at 7.5% per annum from the date of application till its actual payment.