BASANTI MOURI Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal arises out of a judgment and award dated 31st May, 2008 passed by the Motor Accident Claims Tribunal (Tenth Court of learned Additional District Judge at Alipore) in MACC No.523 of 2002 in an application for compensation under Section 166 of the Motor Vehicles Act, 1988. The appellant claimants are the wife, son and daughter of one Jamini Mouri, son of late Sital Mouri, who was killed in an accident involving a lorry bearing the Motor Vehicles Registration No.WB 29/0410 owned by the Respondent No.2 covered by a policy of insurance issued by the respondent no.1, New India Assurance Company Limited, hereinafter referred to as 'the insurer'.

(2.) IN the application for compensation, the appellant claimants claimed that the deceased was an employee of Hotel Sea Hawk in Digha, earning Rs.4,000/ - per month and 49 years of age. However, in the Post Mortem Report, the age of the deceased is mentioned as 51 years. In the course of the proceedings before the learned Tribunal, three witnesses were examined on behalf of the appellant claimants, namely, Susanta Muhury, son of the victim, Susanta Kumar Patra, Manager of Hotel Sea Hawk, Digha where the victim had been working prior to the accident and one Bikash Ch. Das, an eye -witness to the accident, who proved that the accident was caused due to fault of the driver of the vehicle in question. The respondent neither produced any documents nor examined any witness.

(3.) THE learned Tribunal observed that as regards the age and income, there was no certificate produced, like Voter's Identity Card or any other documents, but the age of the victim as recorded in the Post Mortem Report was 51 years. To prove the income of the victim, the claimants examined P.W. 2, Susanta Patra, Manager of Hotel Sea Hawk in Digha, Purba Medinipur. The P.W. 2 produced a certificate issued by the proprietor of Hotel Sea Hawk certifying that the victim was a cook at Hotel Sea Hawk, Digha with salary of Rs.4,000/ - per month. However, except the said income certificate, no other document was produced to show that the victim had been working in a well known hotel like Sea Hawk Hotel.