RATAN KUMAR AGARWALA Vs. SAHANUR BEWA

JUDGEMENT

(1.) This miscellaneous appeal is directed against the judgment and award dated 7th November, 1997passed in M.A.C. Case No. 186 of 1993 by the M.A.C. Tribunal, Malda. By the aforesaid judgment and award, the owner of the offending vehicle has been directed to pay a statutory compensation for a sum of Rs. 25,000/- to the claimant-respondents. The owner of the offending vehicle has preferred the above appeal in this Court against the said judgment and award.

(2.) The claimant-respondents are the heirs and legal representatives of the deceased who died in an accident while travelling in the offending vehicle No. W.G.R. 1202. The facts of the case as appear from the records of this case are that on 1st July, 1993 at about 9.30 pm at night the victim was proceeding towards Malda Town from village Gobarjana in the said offending vehicle, the same vehicle lost control while avoiding hitting a buffalo and as a result of which the vehicle fell into a ditch near a culvert. As a consequence thereof, the predecessor of the claimant-respondent was thrown out of the vehicle and subsequently succumbed to his injuries.

(3.) From the evidence on record though it appears that the said victim was travelling in the said vehicle along with mangoes which were bought for the purpose of his business and the said vehicle was hired for carrying mangoes of the victim and others, but from the Insurance Certificate of the said vehicle it appears that the said vehicle has been referred to as a public carrier in a column of the said Insurance Policy. Be that as it may, the Claims Tribunal has dis-believed the fact that the said vehicle was hired for carrying mangoes by the victim or any other person who were travelling in the said vehicle. The learned Claims Tribunal accordingly on consideration of the evidence of the parties and the materials on records has come to the finding that the said victim being a gratuitous passenger in a goods vehicle would be entitled to a statutory compensation for a sum of Rs. 25,000/- only and has directed that payment of such compensation to the claimant-respondents would be by the owner of the offending vehicle.