ORIENTAL INSURANCE CO. LTD. Vs. MINAKHI RAY SARKAR

JUDGEMENT

(1.) The appellant has prayed for the following reliefs:

(2.) Owner, original respondent No. 5, Sri Satyember Barman who never contested/disputed, either in the pleadings or in the evidence, the factum of income which the deceased was earning, immediately prior to the occurrence of the accident, lays challenge to the impugned award dtd. 31/10/2017 passed by Motor Accident Claims Tribunal, Sonamura, West Tripura in T.S(MAC) No. 01 of 2015 titled as Smt. Minakhi Ray Sarkar and others v. Sri Satyember Barman and others, stating that in the absence of any documentary proof, specific to the income, Tribunal erred in determining the compensation in favour of the claimant.

(3.) Certain facts are not in dispute. Sri Debangshu Sarkar who was employed as a driver by Smt. Bimala Das Sarkar to drive vehicle bearing registration No. TR01-D-2578 (Tata Winger). The said vehicle met with an accident with Bolero Jeep bearing registration No. TR-01-E-3152 driven by Sri Pranab Deb and owned by Sri Satyember Barman; the fault being purely that of Sri Pranab Deb resulted into the occurrence of the accident which took place on 7/12/2013 at 2 a.m; undisputedly the said vehicle was being driven in a rash and negligent manner; as a result of the said accident, Sri Debangshu Sarkar sustained injuries and eventually succumbed to the same; his legal heirs/claimants namely, Smt. Minakhi Ray Sarkar(wife), Sri Deeptanu Sarkar(son), Miss Dipanjali Sarkar(daughter) and Smt. Kananbala Sarkar (mother) being the legal heirs and dependant for the purpose of income upon the deceased, filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988; the Tribunal found them to be dependant about which fact also there is no dispute; the offending vehicle was insured with M/s. Oriental Insurance Company Limited i.e. the present appellant.