MANJU RANI DAS Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) The five appellants are aggrieved by an award of the Motor Accidents Claims Tribunal, Nadia dated May 6, 2011 as to determination of the compensation amount and refusal of interest.

(2.) The appellants filed an application on March 15, 2006. They claimed compensation under s.163A of the Motor Vehicles Act, 1988. They stated as follows. They were the wife, three daughters and a son of the victim killed in a motor accident happening on February 23, 2006. The victim, a rickshaw-puller, was 50 and used to earn Rs. 3000 monthly. The offending vehicle was insured by the first respondent. They were entitled to Rs. 3 lakh compensation.

(3.) The insurance company contested the claim; but the second respondent, the owner of the offending vehicle, did not contest. In proof of the claim the victim's wife, the first appellant, deposed as PW1 and one Dulal Sarkar was examined as PW2. The appellants exhibited a copy of the FIR, Ex1 and a copy of the post-mortem report, Ex2. The insurance company did not give any evidence. The claims tribunal held as follows. The offending vehicle was involved in the accident in which the victim was killed. It was covered by a valid policy issued by the insurance company. The post-mortem report revealed that the victim was 55. No document was produced to show that he was a rickshawpuller. In the absence of evidence of income compensation should be determined applying the Rs. 15,000 notional income provision.