SURESH KUMAR Vs. TAMSESHWAR SAHU

JUDGEMENT

(1.) THIS is claimant's appeal for enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Raipur (for short, 'the Tribunal') vide award dated: 27.03.2004, passed in Claim case No.121/2002. The appellants/claimants, unfortunate brother and mother of deceased Vinod Shajeeda, claimed compensation of Rs. 19,50,000/- by filing a claim petition under section 166 of the Motor Vehicles Act, for his death in the motor accident on 15.03.2002, when his Hero Honda motorcycle bearing registration No. M.P. 23 MD 8008 was dashed by the offending vehicle Truck bearing registration No. C.G. 04 ZC 0748, resulting in his instantaneous death on the spot itself. The claimants further pleaded that deceased Vinod Shajeeda was aged about 24 years and used to earn Rs. 3,800/- per month as Marketing agent of Rajesh Enterprises, D.S. Collections & R.D. Sons. The owner and driver of the offending vehicle Truck did not contest the claim and were proceeded ex parte before the Tribunal.

(2.) THE insurer of the offending vehicle Truck contested the claim and denied its liability to pay compensation to the claimants on the plea that the driver of the offending vehicle Truck was not holding a valid driving licence and the Truck was being plied in breach of the policy conditions. THE claimants examined AW1 Udendra Kumar Soni and AW2 Pari Bai in support of their claim, whereas the insurer of the offending vehicle Truck did not examine any witness in rebuttal. THE Tribunal on a close scrutiny of the evidence led before it held that deceased Vinod Shajeeda died on account of the injuries sustained by him in the motor accident on 15.03.2002; 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 the New India Insurance Company Limited, the Insurance Company was liable to pay compensation to the claimants.

(3.) THE findings recorded by the Tribunal that deceased Vinod Shajeeda died an account of the injuries sustained by him in the motor accident on 15.03.2002; the driver of the offending vehicle Truck was responsible for the accident; and the insurer of the offending vehicle Truck was liable to pay compensation to the claimants are based on the evidence and material available on record. That apart, these findings are not under challenge before us in this appeal. We therefore, affirm the above findings recorded by the tribunal.