DHANESHRI BAI Vs. NASIR ALI ALIAS NASIR KHAN

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Sixth Additional Motor Accident Claim Tribunal, Durg, MP (henceforth, "the Tribunal") vide award dated 06.05.2000 passed in claim case No. 34/99.

(2.) THE claimants, unfortunate widow, minor children and mother of deceased Bhagat Ram Gond claimed compensation of Rs. 9,21,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act, 1988 (henceforth, "the Act") for his death in the motor accident when on 13.10.1999 his bicycle was dashed by the offending Vehicle Bus bearing registration No. MP24-C/2612 resulting in multiple serious injuries to deceased Bhagat Ram Gond, who succumbed to those injuries during the course of his treatment in the hospital. THE claimants further pleaded that deceased Bhagat Ram Gond was aged about 30 years and used to earn Rs. 2,500/- per month by working as Supervisor in the Agricultural Farm of Man Rakhan Lal Uike.

(3.) THE Tribunal on a close scrutiny of the evidence led by the parties held that deceased Bhagat Ram Gond died on account of the injuries sustained by him in the motor accident on 13.10.99; the accident occurred due to rash and negligent driving of the driver of the offending vehicle bus; as the offending vehicle bus on the date of the accident was insured with Oriental Insurance Company Limited, the Insurance Company was liable to pay compensation to the claimants.