SABITRI MALLICK Vs. HALADHAR BHUYAN

JUDGEMENT

(1.) The claimants have filed this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').

(2.) Appellant No. 1 is the widow and appellant Nos. 2 to 4 are the sons of late Rama Chandra Mallick, who died in an accident dated 12.6.1985 involving the truck bearing No. ORJ 7213 belonging to present respondent No. 1. The Tribunal found that the accident occurred due to negligence of the driver of the truck. It was held that sum of Rs. 2,00,000 was payable as compensation but as the claimants had only claimed Rs. 1,00,000 they were entitled to the amount claimed by them. It was further found that the owner would be liable to pay the compensation as the deceased was travelling unauthorisedly as a passenger in the truck and such liability was not covered.

(3.) The present appeal has been filed by the claimants claiming higher compensation. It is also claimed that the liability should be borne by the insurance company.