MAHENDRA KUMAR Vs. KARTIK RAM

JUDGEMENT

(1.) SHRI Jitendra Gupta, learned Counsel for the appellants is heard on admission.

(2.) THE appellants, unfortunate parents of deceased Om Prakash are seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal (FTC), Balod, Distt. Durg (for short 'the Tribunal') vide award dated 27-11-2008, passed in Claim Case No. 25/2008.

(3.) THE Tribunal on a close scrutiny of the evidence led before it held that the claimants' son Om Prakash died on account of the injuries sustained by him in the motor accident on 4-3-2008; the driver of the offending vehicle Truck was responsible for the accident; and as the offending vehicle Truck on the date of the accident was insured with National Insurance Company Limited, the Insurance Company was liable to pay compensation to the claimants. THE Tribunal relying upon the dictum of the Apex Court in the case of Oriental Insurance Co. Ltd. v. Syed Ibrahim and Ors. reported in 2007 (4) TAC 385 (SC), awarded compensation of Rs. 52,000/- to the claimants along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.