NATIONAL INSURANCE COMPANY LTD Vs. RUPASHREE ROY (SUKLADAS); RANABIR SUKLADAS (MINOR); RATNA SUKLADAS; HARADHAN SUKLADAS; ABDUL KADIR

JUDGEMENT

(1.) This appeal by the insurance company is directed against the award dated 19th October, 2012 passed by the Motor Accident Claims Tribunal, South Tripura, Udaipur whereby the learned Tribunal awarded a sum of Rs.16,04,500/-, as compensation in favour of the claimants along with interest.

(2.) The claim petition was filed by Smt. Rupashree Roy (Sukladas), Sri Ranabir Sukladas, Smt. Ratna Sukladas and Sri Haradhan Sukladas being wife, minor son and parents of deceased Bhaskar Sukladas. The allegations set out in the claim petition itself were that the deceased was a driver by profession. It was further alleged that he was engaged as driver by one Md. Abdul Kadir, owner of Maruti Van (TR03-C-0643) which was insured with the National Insurance Company Ltd. It was further alleged that the claimant was earning Rs.8,000/- per month as driver of the vehicle.

(3.) The case of the claimants was that on 21st December, 2011 at about 7.30 p.m. when the deceased was driving the vehicle the steering wheel malfunctioned and due to sudden failure of the steering the vehicle capsized by the side of the road and as a result of the injuries sustained the deceased died.