RAMWATI BAI Vs. SHIVCHARAN

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the 10th Additional Motor Accident Claim Tribunal (FTC) Bilaspur, Chhattisgarh (henceforth, "the Tribunal") vide award dated 17.08.2004 passed in claim case No. 21/2004.

(2.) THE claimants, the two unfortunate widows, minor children and mother of deceased - Ramkumar Kenvat claimed compensation of Rs. 27,50,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act, 1988 (henceforth, "the Act") for his death in the motor accident on 26.11.2001 when his motorcycle was dashed by the offending vehicle - truck bearing registration No. MIR/9191 resulting in his instantaneous death on the spot itself. THE claimants further pleaded that the deceased - Ramkumar Kenvat was aged about 36 years and used to earn Rs. 4,500/- to Rs. 5,000/- per month from his General Store and Rs. 70,000/- per annum from agriculture.

(3.) THE Tribunal on a close scrutiny of the evidence led before it held that deceased - Ramkumar Kenvat died on account of the injuries sustained by him in the motor accident on 26.11.2001; the accident occurred due to rash and negligent driving of the driver of the offending vehicle - truck; as the offending vehicle -truck on the date of the accident was insured with Oriental insurance Company Limited, the Insurance Company was liable to pay compensation to the claimants.