DIVISIONAL MANAGER Vs. CHAYA RANI DAS

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 16.09.2017 passed by the learned Member, Motor Accident Claims Tribunal, Court No.1, West Tripura, Agartala in T.S. (MAC) 23/2016 whereby the learned Tribunal has most illegally and arbitrarily awarded compensation of Rs. 9,00,799/- only along with the interest @ 6 % per annum from the date of presentation of the claim petition i.e. 04.02.2016, to be paid to the claimant-respondents by the appellant-Insurance Company within a period of six weeks from the date of judgment, failing which it shall carry interest @ 8 % per annum after the expiry of six weeks till the payment is made.

(2.) The fact in short outlined by the appellant is that on 20.01.2016 in the early morning one Gopal Chandra Das was going to Battala riding a bi-cycle and when he reached Milan Chakra, he was knocked down and ran over by a speedy vehicle bearing No. TR01-X-0795, resulting the death of said Gopal Chandra Das on the spot. He was immediately rushed to the hospital where he was declared dead.

(3.) The wife and son of deceased Gopal Chandra Das filed a claim application before the learned Tribunal, West Tripura, Agartala claiming compensation of Rs. 60,00,000/-. The owner of the vehicle Smt. Sikha Singh, being summoned filed written statement and contested the suit. The Divisional Managar of National Insurance Company also filed a written statement and contested the suit. All the parties where given opportunities to adduce their respective evidence before the learned Tribunal, and to submit the necessary documents to substantiate their pleadings.