KASHMIRA BIBI Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The appellants before this Court were the claimants in a case under Sec. 166 of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dtd. 30/9/2023 passed by Learned Additional District Judge Fast Track 6th Court Alipore South 24 Parganas in MAC Case No. 36 of 2017.

(2.) The case of the Appellant/claimant before Learned Trial Court may be summed up thus: On 19/10/2016 at about 4.15 p.m. the victim Md. Bashir aged about 46 years was travelling in an auto-rick shaw bearing registration No. WB-04-6618 from Chakmir to Mollar Gate as a passenger and when the said auto rickshaw reached near Santoshpur Bus stand it suddenly turned turtle due to its high speed. As a result the victim Md. Bashir fell down on the road and received severe injuries all over his body and was removed to Behala Vidyasagar Hospital where he was declared brought dead by the attending doctor. The victim deceased was the only earning member of the family and the entire family depended upon him prior to the accident. The Appellant United India Insurance Company Limited filed written statement and contested the case. Issues were framed and evidence was adduced by the Appellants/claimants and the respondent no-1 United India Insurance Company Limited. By Judgment and Award dtd. 30/9/2023 the Learned Trial Court was pleased to dispose the claim case by observing and directing as follows: Hence it is ORDERED that the instant MAC case No-36 of 2017 be and the same is allowed on contest against the Opposite Party no. 2/United India Insurance Company Limited and ex-parte against the Opposite Party no. 1. The petitioners/claimants do get compensation of Rs.4,73,650.00(Rupees four lakh seventy three thousand six hundred fifty only)from the Opposite Party no. 2/United India Insurance Company Limited along with the interest at the rate of 6% annually from the date of filing of this case ie. on 31/8/2017 till the realization of the amount with interest at the rate of 6% per annum in the following order: The petitioner no. 1 being the wife is to get Rs.200,000.00 and the petitioner no. 2 and 3 being the major sons are to get Rs.74,000.00 each. The petitioner no. 4 is to get Rs.1,25,650.00. The opposite party no-2/insurance company is hereby directed to pay petitioners on the basis of the aforesaid direction by issuing account payee cheques of the above said amount each in favour of petitioners along with interest at the rate interest of 6% per annum from the date of filing of this case ie. 31/8/2017, till the realization of the entire amount within a period of 30 (thirty) days failing which the petitioner/claimant shall be at liberty to put the order under Execution as per law.

(3.) The Appellants/claimants being aggrieved by the Judgment and Award dtd. 30/9/2023 passed by the Learned Trial Judge has come up with the instant appeal. The ground on which the Judgment of the Learned Trial Court is assailed is that the compensation awarded is inadequate. Secondly the Learned Trial Court failed to appreciate that the claimant was a driver and he used to earn Rs.300.00 per day. Thirdly the Learned Tribunal failed to consider the heads of compensation under funeral expenses, loss of estate and loss of consortium.