NATIONAL INSURANCE COMPANY LIMITED Vs. ANJALI CHAKRABORTY

JUDGEMENT

(1.) Heard Mr. Rajib Saha, learned counsel appearing for the appellant-insurance company. Also heard Mr. Alik Das, learned counsel along with Mr. D. Debnath, learned counsel appearing for the claimant-respondents and Mr. S. Paul, learned counsel appearing for the owner-respondent.

(2.) The challenge here is the judgment dated 09.06.2016 passed by the learned Member, Motor Accident Claims Tribunal, Court No.2, West Tripura, Agartala in connection with T.S. (MAC) 06 of 2013 whereby a sum of Rs. 22,61,200/- has been awarded in favour of the claimant-respondents which shall be paid by the appellant-insurance company.

(3.) Briefly stated, the claim petition was filed by the claimant-respondents no. 1,2,3 and 4. The claimant no.1, Smt. Anjali Chakraborty is the wife of the deceased Jiban Chakraborty who succumbed to his injuries out of a vehicular accident. The claimant no.2, Sri Joydip Chakraborty is the minor son of the deceased; the claimant no. 3, Sri Phulen Chakraborty is the old aged father of the deceased and claimant no. 4, Smt. Jyotika Chakraborty is the old aged mother of the deceased. It is stated in the claim petition that during the intervening night of 27.02.2012 and 28.02.2012 at about 1.15 a.m. while Jiban Chakraborty alongwith others were proceeding through Assam-Agartala road by a vehicle bearing registration no. TR-01- Z-0607 (TATA Indigo CS), the accident took place at Reshambagan just opposite to Athletic club. As a result, said Jiban Chakraborty died at the spot. His body was taken to the hospital with the help of police wherein he was declared dead. It is also stated in the claim petition that said Jiban Chakraborty used to earn Rs. 8,000/- per month at the time of his death. He left behind his wife, old aged parents and his minor son, as aforestated, as his survivors. The claimant-respondents (here-in-after referred to as the claimants) claimed Rs. 23,50,000/- as compensation. In course of proceeding, the appellant-insurance company and the owner of the vehicle have contested the suit by filing their respective written objections. Issues were framed. The learned Member decided all the issues in favour of the claimant. Ultimately, after hearing the submission of the learned counsel appearing for the parties, the learned Member, Motor Accident Claims Tribunal, has awarded Rs. 22,61,200/- as compensation in favour of the claimants. Being aggrieved, the appellant-insurance company has preferred this appeal before this court.