MIR ALAUDDIN Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This instant appeal has been filed by the appellants/claimants being aggrieved and dissatisfied with the judgment and award dated 26th day of July, 2010 passed by the Learned Judge, 5th Motor Accident Claims Tribunal, Burdwan in Motor Accident Claim Case No. 101 of 2008 (321 of 2008) thereby the learned Tribunal allowed the claim application and awarded a sum of Rs.1,84,500.00 along with simple interest at the rate of 8% per annum from the date of filing of the case i.e. from 25/9/2008 till the date of its final payment in equal share and appellant no. 1 Mir Alauddin would get extra sum of Rs.5,000.00 from the insurance company in an application filed under Sec. 166 of the Motor Vehicles Act, 1988 on the death of the deceased Lutfa Bibi cause due to motor traffic accident.

(2.) Brief facts are relevant for disposal of the instant case is as follows: On 13/4/2008 at about 4.20 pm, when the deceased accompanied by her brother was proceeding towards Khirgram bus stand and when they reached near bus stand all of a sudden offending vehicle being Tata Indica Car bearing No. WB-42H/4186 coming in a high speed and in rash and negligent manner dashed against the victim resulting in severe bleeding injuries. Deceased succumbed to such injuries in the Burdwan Medical Hospital. Due to sudden demise of the deceased, the claimants suffered great loss, pain and agony. Accordingly, appellants claimed a sum of Rs.6.00 lakhs from the Insurance Company and filed a claim application before the Learned Tribunal. Over the said accident, a Mangalkote P.S. Case No. 44/08 dtd. 5/5/2008 under Sec. 279/304A of the IPC was registered and finally culminated to the final charge-sheet against the driver of the offending vehicle bearing registration no. WB-42H/4186, when prima facie case has been established under Ss. 279/304A IPC.

(3.) Mr. Chattopadhyay, learned advocate appearing on behalf of the appellants/claimants submitted though the learned Tribunal awarded a sum of Rs.1,84,500.00 but that amount ought to be higher than the awarded amount. The learned Tribunal did not consider the actual income as claimed by the claimant to the tune of Rs.3,000.00 per month. If it would have been considered victim's income as Rs.3,000.00 per month, the amount of compensation would have been higher than the awarded amount.