NARBADA BAI Vs. ASHWINI KUMAR

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claim Tribunal, Dhamtari (henceforth, "the Tribunal") vide award dated 15.07.2002 passed in claim case No. 26/2002.

(2.) THE claimants, unfortunate widow and minor children of deceased -Balram Satnami claimed compensation of Rs. 16,22,500/- by filing a claim petition under Section 166 of the Motor Vehicles Act, 1988 (henceforth, "the Act") for his death, in the motor accident on 08.05.2000 when his scooter bearing registration No. MP 24G - 8711 was dashed by the offending vehicle tractor bearing registration No. MP 23D 9001 resulting in multiple serious injuries to Balram Satnami resulting in his instantaneous death on the spot itself. THE claimants further pleaded that the deceased - Balram Satnami used to earn Rs. 4 to 5 thousand per month as a Labourer.

(3.) THE Tribunal on a close scrutiny of the evidence led before it held that deceased - Balram Satnami died on account of the injuries sustained by him in the motor accident on 08.05.2000; the accident occurred due to rash and negligent driving of the driver of the offending vehicle - tractor; as the offending vehicle -tractor on the date of the accident was insured with the United India Insurance Company Limited, the Insurance Company was liable to pay compensation to the claimants.