RAJKUMARI JADAV Vs. SUNIL KUMAR PURKAIT

JUDGEMENT

(1.) The claimant in MACC No.306 of 1991 is the appellant in this appeal. She is aggrieved by the award of the Motor Accidents Claims Tribunal, Burdwan dated June 28, 1994.

(2.) The claimant filed an application for compensation in the claims tribunal on July 22, 1991. She claimed fault liability compensation under the Motor Vehicles Act, 1988. She filed the application as wife of one Mahindar Yadav saying that she was filing it for self and also on behalf of Mahindar s two minor daughters.

(3.) Case stated in the application for compensation was this. On May 8, 1991 Mahindar was working as a Khalasi in a truck no.BPA-9451. While the truck was on its way to a sand quarry at Jamalpur, due to rash and negligent driving thereof by its driver, he fell down. On way to hospital he died. He was 40 and earning Rs.900 per month. At that date a policy issued by the insurance company in relation to the use of the truck was in force. The owner of the truck and the insurance company both became liable to pay Rs.1,00,000 compensation. The insurance company contested the claim by filing a written statement. There is nothing to show that the owner of the vehicle contested the claim. In proof of the case the victim s wife, the first claimant, testified as PW1 and the victim s niece (Kishori), an eyewitness to the accident, testified as PW2. The insurance company did not give any evidence.