MOUSUMI HANSDA Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal is directed against a judgment and award dated 28th April, 2000 passed by the learned Judge, Motor Accident Claims Tribunal, 4th Court, Alipore in M.A.C. No. 357 of 1997 under section 163A of the Motor Vehicles Act, whereby and whereunder a sum of Rs. 1,50,000/- was awarded for death of Gopal Chandra Hansda which took place on 3.8.97.

(2.) The question which arises for consideration in this appeal is as to whether only because the appellant No. 1 has got service on compassionate ground in place of her deceased husband, the learned Tribunal was correct in awarding a lump sum amount of compensation of Rs.1,50,000/- or not.

(3.) Mr. Banik, learned counsel appearing on behalf of the appellant, has placed strong reliance upon a decision of the apex Court in Helan C. Rebello v. Maharashtra State Road Transport Corporation and another reported in (1999) 1 SCC 90 = 1999 ACJ 383 and submitted that the learned Tribunal is wrong in taking the factum of appointment on compassionate ground as relevant factor for the purpose of determination of amount of compensation. Strong reliance in this connection, has also been placed upon the following decisions:-