SHITA RAM SHAW Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) -Keeping in view the fact involved in this case, the appeal with the consent of the learned counsel for the parties, is treated on the day's list although no paper book is filed.

(2.) This appeal is directed against a judgment and order dated 12.2.95 passed by the Judge, Motor Accident Claims Tribunal, Alipore, whereby and whereunder the said learned court dismissed an application for claim filed by the appellant. The fact of the matter is not in dispute. The son of the appellant died in accident which took place on 4.5.91. The owner of the vehicle did not contest the claim but Insurance company did. On the pleading of the parties, the learned trial Judge frams certain issues. It is accepted that a sum of Rs. 25,000/- have been paid to the appellant which was payable in terms of section 140 of the Motor Vehicles Act, 1988. It appears that the learned Tribunal below did not accede to the prayer of the appellant in respect of the damages suffered by him on the ground that the appellant could not prove any pecuniary loss due to pre-matures death of his son. Although son of the appellant may not be earning, but the learned trial Judge was bound to consider the question as to whether the appellant had suffered any damages by way of mental agony, funeral expenses, loss of love and affection and/or on any other head.

(3.) The learned Tribunal having not considered this aspect of the matter, the impugned judgment cannot be sustained which is accordingly set aside and the matter is remitted back to the learned Tribunal below for a fresh decision on the points of law. If the parties consider it necessary to adduce any other or further evidence, the learned Tribunal below shall give an opportunity to them to do so.