MADAN LALL Vs. HEMLATA TIRKEY AND OTHERS

JUDGEMENT

(1.) This appeal arises out of the judgment dated 21.06.2011 passed by Motor Accident Claim Tribunal in MACT No. 020 of 2000 filed by the claimants. The claim of the claimants have been calculated to the tune of Rs. 7,05,088/-(seven lakh five thousand eighty eight only) along with the interest @ Rs. 10% per annum to be calculated with effect from the date of filing of the instant application dated 19.09.2000 till the date of award.

(2.) The Opposite Party No.2, United Insurance Company Limited has been directed to pay the afore-noted amount to the claimants/respondent Nos. 1, 2 and 3 namely, Smti. Hemlata Tirkey, Kumari Arena Dung Dung and Mr. Arikson Dung Dung.

(3.) The fact of the matter may be noticed from the claim application. One Pius Dung Dung, husband of Hemlata Tirkey and parents of Arena and Arikson met with an untimely death in an accident arising out of the use of a motor vehicle/lorry on 15.05.2000 around 1700 hours. The victim, Pious Dung Dung was given a lift on the lorry/truck bearing registration no. AN-01-A- 5833 which was proceeding from Middle Strait towards Bhatubasti. The truck was crossing a small bridge. It was about to climb "Chowdry Gumai", it fell down into a ditch. Pius Dung Dung, victim as a result sustained grievous injury on his person. He was shifted to Tusnabad Hospital and was subsequently referred to G.B.Pant Hospital for better management and treatment, but he expired there. The incident took place due to rash and negligent driving of the driver of the offending truck. An FIR bearing No. 70 of 2000 dated 15.05.2000 was lodged at Police Station, Bambooflat. The victim was a Police Constable. His monthly salary was Rs. 5133/-. The offending vehicle belonged to Madan Lall, the appellant/opposite party no.1. It was insured under the United India Insurance Company Ltd, Atlanta Point, Port Blair, respondent no.4/opposite party and the same was valid on the date of accident.