NEW INDIA ASSURANCE CO LTD Vs. PADMA

JUDGEMENT

(1.) The appeal is directed against the judgment and award dated 19/03/2010 whereby learned Member, Motor Accident Claims Tribunal, Akola in M.A.C.P. No.52 of 2007 awarded a sum of Rs.4,15,000/ by way of compensation along with interest at the rate of 7.5% per annum from the date of the petition till realization directing the insurer to pay amount awarded and then to recover the same from owner/driver of the offending motor vehicle.

(2.) Facts briefly stated are as under

(3.) It appears that claim was under Section 163A of the Motor Vehicles Act, 1988 for compensation on the ground preferred by claimants dependentswidow and minor daughter and son of the victim. The claimants contended that deceased Shivshankar was in service with Shri Gupta Grain Merchant, Akot, earning salary of Rs.3,000/ per month and due to his untimely death, the dependents lost their only earning member of the family. Thus, the claimants had claimed a sum of Rs.4,00,000/ as compensation together with interest.