RAJEEV GUPTA, J. - (1.) THIS is claimants' appeal for enhancement of the compensation awarded by the First Additional Motor Accidents Claims Tribunal, Raipur (for short, 'the Tribunal') vide award dated 3.12.2003, passed in Claim Case No. 45/2003.
(2.) THE appellants/claimants, unfortunate parents of deceased Kuldip Singh claimed compensation of Rs. 12,00,000/-, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 12.12.2002, when the Truck on which he was deputed as Conductor/Cleaner met with an accident due to rash and negligent driving of its driver and fell in a 'Nala', resulting in his instantaneous death on the spot itself. The claimants further pleaded that their son Kuldip Singh was aged about 30 years and used to earn Rs. 4,000/- per month as Conductor/ Cleaner. The owner, driver and insurer of the Truck contested the claim and-denied their liability to pay compensation to the claimants. The insurer took the further plea that the driver of the Truck was not holding a valid driving licence and the Truck was being plied in breach of the policy conditions. The claimants examined AW1 Teerokaur, AW2 Sarabjeet Singh and AW3 Surjeet Singh in support of their claim, whereas the driver, owner and insurer of the Truck did not examine any witness in rebuttal.
(3.) THE Tribunal on a close scrutiny of the evidence led before it held that the claimants' son Kuldip Singh died on account of the injuries sustained by him in the motor accident on 12.12.2002; the accident occurred due to rash and negligent driving of the driver of the Truck; as the Truck in question, 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.;