MEERA DEVI Vs. SUKHBINDER SINGH

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the 12th Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal'), vide award dated 27.10.2004, passed in Claim Case No. 53/2004.

(2.) THE claimants, unfortunate widow, minor children and mother of deceased Shyambihari filed a claim petition under Section 166 of the Motor Vehicles Act, whereby a sum of Rs. 13,45,000/- was claimed as compensation for the death of deceased Shyambihari in the motor accident on 14.05.2002, when his bicycle was dashed by the offending vehicle Truck bearing registration No. MP 23D/6591, resulting in his instantaneous death on the spot itself. THE claimants further pleaded that deceased Shyambihari was a Skilled Labour and was earning Rs. 6,000/- per month by working in a Steel Rolling Mill.

(3.) THE Tribunal on a close scrutiny of the evidence led before it held that the deceased Shyambihari died on account of the injuries sustained by him in the motor accident on 14.05.2002; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck; and as the offending vehicle Truck on the date of the accident was insured with the Oriental Insurance Company Limited, the Insurance Company was liable to pay compensation to the claimants.