GAYATRI SAHU Vs. ORIENTAL INSURANCE CO. LTD

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Eighth Additional Motor Accidents Claims Tribunal, Bilaspur (for short, "the Tribunal") vide award dated 23-3-2006, passed in Claim Case No. 9/2006.

(2.) AS against the compensation of Rs. 19,50,000/- claimed by the appellants/claimants, unfortunate widow and children of deceased Gopalram Sahu by filing a claim petition under Section 163-A of the Motor Vehicles Act for his death in the motor accident on 13-5-2005, the Tribunal awarded Rs. 1,00,000/- as compensation to the claimants along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

(3.) SHRI Sudhir Agrawal, learned Counsel for the respondent placing reliance on the dictum of the Apex Court in the case of Oriental Insurance Co. Limited v. Rajni Devi and Ors. reported in : (2008) 5 SCC 736, supported the award and contended that as the deceased was owner of the vehicle involved in the accident, the claim petition under Section 163-A of the Motor Vehicles Act was not maintainable at all and the claimants at the most were entitled to get the amount under the terms of the policy.