MANDADARI BARIK Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) On 20/1/2000 at about 1.00 hours (at night) when Ekbir Kumar Barik was driving the vehicle being no. WB 33/ 5208, engaged by the owner, through NH 30 near Khushrupur some unknown person fired at said Ekbir kumar Barik. Immediately he was removed to Patna Hospital where he succumbed. Legal heirs/representatives of said Ekbir Kumar Barik approached the Motor Accident Claims Tribunal, District Judge, Midnapur by filing an application under Sec. 166 of the Motor Vehicles Act, 1994 claiming compensation to the tune of Rs.4,00,000.00. At the time of death Ekbir Kumar Barik was 36 years old and used to earn Rs.200.00 per day from his avocation of driver.

(2.) The motor accident claim case was registered being no. 479 of 2001 which was transferred to the Motor Accident Claims Tribunal, Learned Additional District Judge, 5th Court, Midnapur for disposal.

(3.) The New India Assurance Company Limited contested the claim petition by filing a written objection denying all material averments of the claim petition contending, inter alia, that death of Ekbir Kumar Barik was other than use of motor vehicle and claimants are not entitled to any compensation as prayed for.