MAITRI KOLEY Vs. NEW INDIA INSURANCE COMPANY

JUDGEMENT

(1.) This Appeal is against a Judgment of the High Court dated 20th July, 1994.

(2.) Briefly stated the facts are as follows: On 1st April, 1986 there was an accident which resulted in the death of one Shri Amalendu Koley. The Appellants, who are the wife and the minor child of the deceased, filed a claim before the Mor Accidents Claims Tribunal. After evidence the Tribunal found that the accident occurred due rash and negligence driving of the driver. The Tribunal awarded compensation of Rs. 1, 15,000/- for the loss of dependency and Rs. 35,000/- as general damages, The Tribunal directed payment of interest at the rate of 12% per annum. The Tribunal held that the liability of the insurance Company was limited under the Mor Vehicles Act Rs. 50,000/-. The Tribunal held that the balance would have be paid by the owner of the vehicle.

(3.) The Appellants filed an Appeal in the High Court which has been disposed of by the impugned Judgment. The High Court has held that, over and above the amounts awarded by the Tribunal, another sum of Rs. 5,000/- was be paid the Appellants for funeral expenses. The High Court thus increased the award by a sum of Rs. 5,000/-. The High Court granted interest at the rate of 12% per annum from the date of the Judgment of the High Court.