SHRABONI KHATUN & ORS Vs. SK. MOMTAJ

JUDGEMENT

(1.) This appeal filed by the claimants, is against a judgment and award dated 29th August, 2009 passed by the Motor Accidents Claims Tribunal, Burdwan being the Additional District Judge, Fast Track 1st Court in M.A.C. Case No.113 of 2006.

(2.) The claimants filed an application under Section 166 of the Motor Vehicles Act, 1988 (hereinafter to be called 'Act'), claiming compensation on account of death of their father late Nur Nabi Sk. The claimants being minors were represented by their grandmother Joygun Mallick, wife of Samsul Mallick. According to the claimants, victim Nur Nabi Sk. was 38 years of age on the date of death and he was running a tea and fast-food stall at Chandul Bus Stand on G.T. Road and he was earning Rs. 3,300/- (Rupees Three Thousand Three Hundred) only, per month from such business. In the claim application it was initially stated that the income of Nur Nabi before his death was Rs. 3,600/- (Rupees Three Thousand Six Hundred) only, per month but, subsequently, by way of amendment vide Order No.38 dated 11th May, 2009, the income was shown to be Rs. 3,300/- instead of Rs. 3,600/- per month. The claimants made a claim for compensation to the tune of Rs. 5,18,400/- (Rupees Five Lakh Eighteen Thousand Four Hundred) only, for the accidental death of their deceased father. According to the claimants, on 20th May, 2005 at about 12 noon on G.T. Road, near Chandul Bus Stand, the deceased Nur Nabi Sk. and his wife were waiting to board a bus for going to Burdwan and at that time the bus bearing No. WMH 138, which was coming towards Burdwan, while stopping to pick up passengers, was dashed all of a sudden by a tractor bearing No. WB 41B/3009. In that accident Nur Nabi Sk. and his wife Galanoor Begam died at the spot. The bus bearing No. WMH 138 was insured with National Insurance Company Limited, respondent no.7 vide policy No.153502/31/04/670/386 and such policy was valid between 23rd May, 2004 and 22nd May, 2005. The tractor was insured with the United India Insurance Company Limited, respondent no.8 vide policy No.031600/31/04/00911 for the period between 13/07/2004 and 12/07/2005. The accident took place within the coverage period, i.e., on 20th May, 2005. After the accident, Burdwan P.S. Case No.301/05 dated 20th May, 2005 was started in respect of the said accident and it appears that one Sk. Md. Isha lodged an FIR which was written by the scribe Mihir Kumar Datta on 20th May, 2005. Police started a case under Sections 279/338/304A/427, I.P.C.

(3.) In support of the claim case Joygun Mallick, the grandmother of the minor claimants, deposed as PW 1. She claimed that deceased Nur Nabi Sk., aged about 38 years, was an able bodied person at the time of accident and that he used to earn Rs. 3,600/- (Rupees Three Thousand Six Hundred) only, per month from his tea and fast food stall at Chandul Bus Stand. She claimed that there was an eye witness at the accident spot and that she claimed Rs. 5,18,400/- (Rupees Five Lakh Eighteen Thousand Four Hundred) only, towards compensation. In her cross-examination she has denied the suggestion given by the learned advocate for the United India Insurance Company Limited that Nur Nabi Sk. had no income of Rs. 3,600/- as claimed, rather he had an income of Rs. 2,000/- (Rupees Two Thousand) only, per month. Cross-examination was also conducted on behalf of the National Insurance Company Limited, the respondent no.7 but no question was put with regard to the claim of income of the deceased Nur Nabi Sk.