NEW INDIA ASSURANCE CO LTD Vs. GOMOTI PANDA

JUDGEMENT

(1.) The insurance company is the appellant. It is aggrieved by an award of the Motor Accidents Claims Tribunal, Howrah dated September 17, 2009 in MAC Case No.249 of 2006.

(2.) The first two respondents were the claimants. Their bachelor son was the victim of a motor vehicle accident that killed him on May 8, 2005. The third respondent is the owner of the offending vehicle, a minibus No.WBU-2235. At the date of accident there was in force an insurance policy issued by the insurance company in relation to the use of the vehicle. The claimants claimed fault liability compensation. They filed the application under s.166 of the Motor Vehicles Act, 1988 on July 11, 2006. They claimed '5.5 lakh with interest. The insurance company contested the case by filing a written statement. It denied and disputed the correctness of all material facts stated in the application. The owner of the offending vehicle chose not to contest the case. In proof of the case the first respondent, the victim's mother, testified as PW1. Her testimony is that she was 58; that at the date of accident the victim was 31; and that the victim working as clerk of an advocate and court surety used to earn Rs. 8,000 per month. She produced copies of FIR, charge-sheet, postmortem report, income certificate, etc. The income certificate was marked exhibit with objection.

(3.) In cross-examination PW1 said that the victim was a bachelor; and that he was working as law clerk for 12-13 years. She denied the suggestion that the victim's income was not Rs. 8,000 per month.