PAPA BISWAS Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) This appeal is at the instance of the claimants in a proceeding under section 166 of the Motor Vehicles Act, 1988 and is directed against an award dated 30/4/2002 passed by the Motor Accidents Claims Tribunal and the Tenth Court of Additional District Judge, Alipore in M.A.C. Case No. 477 of 2000 thereby disposing of the said proceeding by awarding a sum of Rs. 4,36,188 out of which Rs. 50,000.00 had already been received by the claimants in an earlier proceeding under section 140 of the Act. The insurance company was, therefore, directed to pay a sum of Rs. 3,86,188 within a month from the date of passing of the award with further condition that in default of such payment within the said period, the award should carry interest at the rate of 10 per cent per annum till realization. The insurance company was directed to pay the said amount by issuing account payee cheques in the names of the petitioners in equal proportion.

(2.) Being dissatisfied, the claimants have come up with the present appeal.

(3.) There is no dispute that the victim was a traffic constable and was run over by a vehicle insured by United India Insurance Co. Ltd. At the time of accident, the victim used to earn gross salary of Rs. 6,144 out of which the basic salary was Rs. 4,380 and D.A. was Rs. 1,664 and the balance Rs. 100 was payable as medical allowance.