PRASANNA KUMAR MITRA Vs. PRAVATI KHATEI

JUDGEMENT

(1.) The owner of the vehicle is the appellant and assails the order of the Motor Accidents Claims Tribunal whereunder the Tribunal has determined the compensation to the tune of Rs. 1,00,000/- and has directed that owner should pay Rupees 50,000/- and the insurer should pay Rupees 50,000/-.

(2.) . In the claim petition it was alleged that on 11-10-1981 at 5 p.m. while the deceased was coming on foot to Chandrabhaga on the Marine Drive Road, the offending vehicle bearing registration number O.S.P. 671 came at a high speed and dashed against the deceased who fell down unconscious and later died on his way to the hospital. The owner as well as the insurer filed their respective objections before the Tribunal stating therein that the deceased in fact forced his entry into the vehicle and he not being a passenger for hire or reward at the time when the accident took place was not entitled to claim any compensation under the provisions of the Motor Vehicles Act.

(3.) The Tribunal framed 4 issues and on consideration of the materials before it discarded the plea of the owner as well as of the insurer and held that the accident took place while the deceased was walking on the road on account of rash and negligent driving of the offending vehicle. On the question of quantum of compensation, taking into account the earning of the deceased on the fateful day, the age of the deceased as well as all other relevant factors, the Tribunal assessed the amount at Rs. 1,00,000/-. But as the liability of the insurer under S.95 of the Act was to the extent of Rs. 50,000/-, the Tribunal directed that out of Rs. 1,00,000/-, Rs. 50,000/- would be paid by the insurer and balance sum of Rs. 50,000/- would be paid by the owner. It is this award which is being challenged in this appeal.