KAILASHPATI YADAV Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THE first miscellaneous appeal is directed against the judgement and/or award passed by the Learned Tribunal Judge, 4th Court at Alipore on 15th May, 2012 in Motor Accident Claim Case No.242 of 2009 at the instance of the claimant/appellant.

(2.) THE claimant/appellant lost her son in a road accident which occurred on 1st May, 2008 due to rash and negligent driving of a motor vehicle being Taxi bearing No. 04C 0831. The victim was a bachelor. He died at the age of 26 years. The claimant being the mother of the victim was aged about 51 years at the time of her son's death. Her son was an employee of a private company receiving salary of Rs.4250/ - per month. Since her son died in the motor accident, she filed an application under Section 166 of the Motor Vehicles Act claiming compensation amounting to Rs. 4,70,000/ -.

(3.) THE Insurance Company contested the said proceeding by filing a written statement denying the material allegations made in the plaint. Even the involvement of the Taxi in the said accident was denied. The Insurance Company prayed for dismissal of the claim case and disowned its liability to pay any compensation to the claimant. The owner of the offending vehicle did not appear in the said claim case. As such, the said claim proceeding was decided ex parte against the owner of the offending vehicle. The Learned Tribunal ultimately allowed the claim petition by awarding compensation of Rs. 1,29,500/ - in favour of the claimant/appellant on account of the death of her son in the motor accident which occured due to rash and negligent driving of the offending vehicle. The Insurance Company was directed to pay the awarded amount by an Account Payee cheque in favour of the claimant within 30 days from the date of the award together with interest from the date of filing of the claim petition.