SUNIL GHOSH Vs. NATIONAL INDURANCE CO LTD

JUDGEMENT

(1.) This appeal is against Judgement and Award dated 29th February, 2012 passed by the Motor Accident Claims Tribunal, 9th Court, Alipore in an application for compensation filed by the claimants/appellants under section 163A of the Motor Vehicles Act, 1988 on account of the accidental death of late Purnima Ghosh, in course of use of a vehicle bearing Registration No. WB-03/ 5073 owned by the respondent No. 2 and covered by a policy of insurance taken out by the respondent No. 1/National Insurance Co. Ltd. (hereinafter referred to as the 'respondent/insurer'). By the judgement and award impugned, the learned Tribunal awarded the claimants/appellants compensation of only Rs. 9,500/- towards funeral expenses, loss of estate and loss of consortium observing that compensation of Rs. 9,500/- was just, proper, adequate and equitable in the facts and circumstances of the case.

(2.) The learned Tribunal proceeded on the basis that since the deceased victim was, during her lifetime, a housewife with no income and neither of the appellants was dependent on her, the claimants/appellants would not be entitled to any compensation except for statutory compensation of Rs. 5,000/- towards loss of consortium, Rs. 2000/- towards funeral expenses and Rs. 2,500/- towards loss of estate.

(3.) The learned Tribunal dealt with all the aforesaid issues together for the sake of brevity and convenience. In our view Issue No. 2 i.e. the issue of whether the accident occurred due to the fault on the part of the driver of the offending vehicle, bearing Registration No. WB-03/5073 was not relevant in an application under section 163A of the Motor Vehicles Act which is based on no fault liability.