SRIPATI CHARAN MONDAL Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal is directed against an order passed by the Tribunal dismissing the application under section 140 of the Motor Vehicles Act, 1988.

(2.) The appellants are parents of the deceased Amiya Kumar Mondal who was a student in a local school in Hooghly. The appellants claimed a sum of Rs. 25,000/- as compensation for the death of their son due to the accident that occurred in the said vehicle with another vehicle. The said accident occurred on 12.8.1991 at about 13.00 hours when the said victim and other students of the local school were going to Digsui Football Ground in connection with a football match. The driver of the vehicle tried to overtake another vehicle which was going along the road and as a result of collision the said vehicle overturned and many students/passengers sustained injuries and later on the son of the applicants who was admitted in Chinsurah Hospital died due to the injuries in the head. The claimants/appellants before the learned Tribunal claimed compensation from the Insurance Company under section 140 of the Act.

(3.) The Insurance Company/respondent filed written statement. Upon hearing the parties the learned Tribunal came to the finding that the name of the deceased Amiya Kumar Mondal does not appear in the FIR and the persons who have lodged FIR for the said accident have not adduced any evidence regarding the death of the deceased due to the accident in the said vehicle and therefore the claim was dismissed. It was also held by the Tribunal that Amiya Kumar Mondal was a co-passenger in the said vehicle has not been proved. The claimants being aggrieved by the said judgment and order of the Tribunal filed the instant appeal.