SMT. JYOTSNA RANI DAS Vs. SRI SUMAN GHOSH

JUDGEMENT

(1.) In this appeal, the appellants are seeking enhancement of the compensation awarded by the learned Member, Motor Accident Claims Tribunal, (Court No. 2), West Tripura in his award dated 11 -12 -2012 of T.S. (M.A.C.) No. 198 of 2009 from 6,49,193/ - to 10,00,000/ -.

(2.) The facts giving rise to this appeal may be briefly noticed at the outset. In the evening of 23 -2 -2009 at about 6 PM, while the deceased Bapi Das was proceeding from his residence towards Agartala by foot, one motorcycle bearing Registration No. TR -04 -5666 coming from backside dashed against him at Chandrapur -Balda Khal Road and waylaid him on the road thereby causing severe injuries on his head and other parts of his body. He was then shifted to G.B. Hospital by the local people, where he was admitted on the same day. He was then referred to S.S.K.M. Hospital, Kolkata where he shifted and admitted therein on 26 -2 -2009. In course of his treatment, he succumbed to his injuries on 5 -3 -2009 at the hospital. A police case was registered against the rider of the offending motorcycle over the accident as East Agartala P.S. Case No. 47/09 U/s 279/338/304 -A IPC, who was subsequently charge -sheeted by the police.

(3.) The appellant No. 1 is the mother of the deceased, whereas the appellant No. 2 and 3 are his younger brother and sister. He is stated to have maintained his mother and other family members due to the premature death of his father, who predeceased them. They, therefore, filed the claim petition before the Motor Accident Claims Tribunal, West Tripura against the owner of the motor cycle and the United India Insurance Company claiming a compensation of 10,02,000/ - for the death of the deceased. The claim petition was contested by both the owner of the motorcycle and the insurer. The Tribunal, after hearing the parties, passed the impugned award directing the payment of compensation to the order of 6,49,193/ - together with interest @ 9% per annum to the appellants. Dissatisfied with the quantum of compensation, this appeal is now preferred by the appellants for enhancement of the compensation payable from 6,49,193/ - to 10,00,000/ - together with interest @ 9% per annum.