SUPRIYA BANERJEE Vs. SURESH

JUDGEMENT

(1.) This appeal is preferred aggrieved by the award dated 19.8.1999 passed by Additional Motor Accidents Claims Tribunal in Claim Case No. 3045 of 1999.

(2.) In an accident dated 18.8.1996 one Prakash Banerjee, aged 42 years died when Suresh drove the truck No. MP 21-G 6213 in a rash and negligent manner. Deceased was pillion rider on the scooter driven by Nirmal Tamrakar. The truck dashed the scooter from behind. The deceased was dragged for 20 feet and ultimately dashed against a wall. The truck stopped. Prakash Banerjee died on the spot owing to injury suffered in the accident. F.I.R. was lodged and Crime Case No. 570 of 1996 was registered at police station. The charge-sheet was filed before the Additional C.J.M. The deceased was an Income Tax Officer. His monthly salary was more than Rs. 9,000. He was maintaining a large family. He was the sole breadwinner. The compensation of Rs. 20,41,024 was claimed along with interest.

(3.) The owner and the driver remained ex parte. In the written statement filed by the insurer, it was stated that excessive compensation has been claimed. The accident was a head-on collision. As such, the driver of the scooter and of the truck, both were equally responsible. The deceased was pillion rider, risk of the pillion rider was not covered under the policy of insurance. The driver of the truck did not have valid and effective licence at the time of accident and as such no liability can be fastened on the insurance company to make the payment of compensation.