NAMITA MISHRA Vs. NEW INDIA ASSURANCE CO.LTD.

JUDGEMENT

(1.) This appeal relates to a grievance of the claimants with regard to inadequate compensation awarded by the Tribunal. The victim was a Central Government employee. He died at the age of 51 years in an accident. The Tribunal awarded a lump sum compensation of Rs. 3.5 lakhs less the amount received on account of no fault liability under Section 140 of the Motor Vehicles Act, 1988. However, in the order in portion different amount was written. We take it as a clerical and/or typographical mistake.

(2.) On perusal of the judgment we find that the Tribunal found favour with the argument of the Insurance Company that the widow was expecting to get Rs. 1 lakh out of the said accident. The Tribunal also considered the fact that the victim's daughter would get compassionate appointment. Taking a sum total the amount was awarded as referred to above.

(3.) Mr. Krishanu Banik, learned Counsel appearing for the appellants contends that the compensation under the Motor Vehicles Act, 1988 was payable by the insurer of the vehicle, who indemnifies the owner as also the third party in case of eventuality of an accident causing injury and/or casualty to the victim. Mr. Banik relies on the Apex Court decision in the case of Helen C. Rebello Vs. Maharashtra S.R.T.C., 1998 AIR(SC) 3191. The relevant passages as relied upon by Mr. Banik is quoted below :-