DULALI BARMAN Vs. THE NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The three claimants in MAC Case No.63 of 2005 instituted in the Motor Accidents Claims Tribunal, Uttar Dinajpur are the appellants. They claimed compensation under s.163A of the Motor Vehicles Act, 1988. By its award dated September 29, 2007 the claims tribunal dismissed the case. The claimants filed the case stating they were the wife and two sons of one Ganesh Barman of village Dwipnagar in Uttar Dinajpur.

(2.) Their case was as follows. In an accident caused by a truck No.WB-25- 1458 on February 14, 2005 Ganesh was seriously injured. The injuries ultimately caused his death on March 10, 2005. At the date of accident there was in force an insurance policy issued by National Insurance Co. Ltd. in relation to the use of the vehicle. Hence the owner of the truck and the insurance company became liable to pay compensation. The victim (50), a day- labourer, was self-employed and used to earn Rs.2000 per month.

(3.) Both the insurance company and the owner of the offending vehicle filed their respective written statements on April 26, 2006. They denied and disputed the correctness of all material facts stated in the application for compensation. In proof of their case the claimants examined witnesses and exhibited documents. The owner of the offending vehicle and the insurance company did not give any evidence.