NEW INDIA ASSURANCE COMPANY LTD Vs. SHIBANI MONDAL

JUDGEMENT

(1.) This appeal is at the instance of the Insurance Company and is directed against an award dated 18th December, 2009 passed by the Motor Accident Claims Tribunal, Hooghly, in M.A.C. Case No.351 of 2008 thereby disposing of a proceeding under Section 166 of the Motor Vehicles Act by awarding a total sum of Rs.2,63,500/- with a direction upon the Insurance Company to pay the said amount within two months from the date of award with further stipulation that in default of such payment, the amount should carry interest at the rate of 9% per annum from the date of filing of the application till actual payment. The Insurance Company was, however, permitted to realise the said amount from the owner of the vehicle after making payment.

(2.) The claimants, on the other hand, has preferred the cross-objection for enhancement of the amount awarded and also for passing direction for payment of interest on the awarded sum irrespective of the fact whether the Insurance Company failed to deposit the amount within the time stipulated in the award. Both the matters were taken up together. According to the claim-application, the victim was aged 40 years at the time of death and had the business of selling fish. It is stated in the claimapplication that for the purpose of carrying big containers in order to bring fishes from the market, the victim hired the goods' vehicle and on the way to the market, met with an accident, as a result, he died. According to the claimants, due to rash and negligent driving on the part of the driver of the offending vehicle, the same capsized resulting in the death of the victim. The claimants alleged that the victim used to earn Rs.3,000/- a month from the business of selling fishes.

(3.) The owner of the vehicle did not contest the proceeding. However, the Insurance Company after taking leave under Section 170 of the Act contested the said proceeding by filing written statement, although no evidence was adduced of its own.