NEW INDIA ASSURANCE COMPANY LTD. Vs. MANASHI CHAKRABORTY

JUDGEMENT

(1.) The insurance company is the appellant. It is aggrieved by an award of the Motor Accidents Claims Tribunal, Paschim Medinipur dated August 7, 2007. The claims tribunal ordered it to pay the three claimants (the first three respondents) Rs.13,28,180 fault liability compensation with 5% p.a. interest from October 26, 2005 when the application for compensation was filed under s.166 of the Motor Vehicles Act, 1988. It was permitted to deduct the amount paid under s.140.

(2.) The three claimants were the wife, a minor daughter and the mother of one Sishir Kumar Chakraborty. The case stated in the s.166 application was this. Sishir was working in Kharagpur workshop of the South-Eastern Railway. He was 45 and his monthly income was Rs.12,500. On April 27, 2005 at about 6.30 a.m., when he was going to work riding his motorcycle, the offending motor vehicle No.WB-33-X-0061, an Arjun Auto Pickup Van, driven at excessive speed dashed him and the injuries he sustained caused his death in hospital. The offending vehicle was covered by a valid policy issued by the insurance company. They were entitled to Rs.15,00,000 compensation.

(3.) The insurance company contested the claim by filing a written statement. The owner of the offending vehicle was also the driver thereof. He was a party to the case; but he chose not to contest it. In proof of the case the claimants examined three witnesses: PW1 the victim's wife; PW2 an SE Railway employee; and PW3 an eyewitness to the accident. In defence the insurance company examined an SE Railway employee as OPW1.