RABI RUIDAS Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) The appellants/claimants have assailed the judgment and award dtd. 26/7/2006 passed by the Learned Judge, Motor Accident Claims Tribunal, 4th Court, Burdwan in M.A.C. Case No. 112 of 2005/566 of 2004, thereby the learned Tribunal awarded a sum of Rs.2,20,000.00. The respondent no. 1/Insurance Company is directed to pay the compensation amount within sixty days from the date of judgment and award failing which amount of award will carry an interest @ 9% per annum from the date of default till realization. The claim application has been filed under Sec. 163A of the Motor Vehicles Act and same has been allowed on contest against the respondent no. 1/Insurance Company and ex parte against respondent no. 2/owner of the offending vehicle.

(2.) Sans otiose details, the case of the appellants/claimants is that on 13/7/2004 victim Subal Ruidas was coming from Naricha village to his own village with bicycle along with Kacha side of Burdwan-Bankura Road, at that material point of time, one truck bearing registration no. WB-41/6981 dashed the victim with a very high speed as a result victim Subal Ruidas sustained severe injuries on his person. He was removed to Burdwan Medical College and Hospital where he died. Due to such death of Subal Ruidas, the legal heirs and representatives of the said victim filed a claim case under Sec. 163A of the Motor Vehicles Act against insurer and owner of the offending vehicle (truck) bearing registration no. WB-41/6981. Respondent No.1/insurance Company has contested the claim case by filing written statement denying all material facts and allegations of the appellants/claimants and further contended, inter alia, that the claim application is not maintainable and liable to be dismissed, whereas the owner of the offending vehicle did not contest the case from very initial stage. To prove the case of the appellants, Bapi alias Sambhunath Ruidas has examined himself as P.W. 1, one eye witness to the accident, Kalipada Dhara has examined as P.W. 2 and Smt. Rabi Ruidas as P.W. 3. Apart from that, the appellants/claimants have filed several documents such as copy of FIR of Khandaghosh P.S. Case No. 42/2004 dtd. 14/7/2004, charge sheet, certified copy of seizure list, forwarding report, post mortem report and many others.

(3.) The learned Tribunal after scanning and appreciation of all evidence both oral and documentary adduced by the parties, awarded compensation to the tune of Rs.2,20,000.00 considering the income of victim as Rs.2,000.00. Being aggrieved and dissatisfied with the said amount, the appellants have filed the instant appeal seeking enhancement of compensation.