RAMPADA MAHATO Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) THIS appeal is against a judgment and award dated 23rd April, 2008, passed by the Motor Accident Claims Tribunal, Fourth Court, Paschim Medinipur in MACC No.521 of 2003. The appellant claimants are the husband, two sons and an unmarried daughter of late Parul Bala Mahato, who was killed in an accident arising out of the use of the vehicle (a Hero Honda motor bike) bearing the registration no.WB - 34H/5588. The said vehicle was owned by the respondent opposite party no.2 and admittedly, covered by a policy of insurance issued by the respondent opposite party no.1, National Insurance Company Limited.

(2.) IT is the case of the claimants that the deceased victim was waiting at the Mandalkupi bus stoppage on R. M. Road to board a bus. She was standing at the extreme left side of the road when the said motor cycle, which was being driven in an extremely rash and negligent manner towards Medinipur side and Chandrakona Road, hit the victim as a result of which, the victim sustained grievous injury all over her body and specially at the back of her head. The local people took the victim to Medinipur Sadar Hospital where she was admitted, but, she died on the next day, that is, on 18th December, 2002. The appellant claimants claim that the accident took place, as the offending motor cycle was being driven in a rash and negligent manner, violating the traffic rules. According to the claimants, the victim was forty years of age and she earned Rs.100/ - per day by selling puffed rice and paddy. The victim allegedly left four dependants, including, an unmarried daughter.

(3.) IN the additional written statement, in paragraphs 3 and 4, it is alleged as follows: