FATEMA BIBI Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This miscellaneous appeal is directed against the judgement and award dated 19th January, 2010 passed by the learned Judge, Motor Accident Claims Tribunal, 6th court at Alipur in M.A.C. Case No. 7 of 2008, at the instance of the claimants/appellants.

(2.) The appellants' application under Section 166 of the Motor Vehicles Act was allowed on contest against the Insurance Company and ex-parte against the rest. The learned Tribunal held that the son of the appellants died in the motor accident on 9th September, 2007 due to rash and negligent driving of the offending vehicle bearing No. WB-19A-4259 by the driver. Though the claimants claimed Rs.9 lacs towards compensation for the loss of their son in the said accident but the learned Tribunal allowed the claimants' claim to the extent of Rs.3,88,500/- together with simple interest @5% per annum from the date of filing of the application upto the date of realisation thereof.

(3.) The appellants are aggrieved as their entire claim was not allowed. The appellants claimed the said compensation amount by contending that their son used to earn Rs.9000/- per month from his business. At the time of his death their son was aged about 25 years.