SULOCHANA DAS ALIAS SORI DAS Vs. MAYADHAR PARIDA

JUDGEMENT

(1.) THIS appeal has been filed by the claimants challenging the Judgment dated 28.10.2010 passed by the First Motor Accidents Claims Tribunal, Puri in M.A.C. No. 7 of 2004 on the ground that the compensation awarded by the leaned Tribunal is not just compensation being extremely low.

(2.) APPELLANTS' case in a nutshell is that on 05.01.2004 while the deceased Sarat Chandra Das was going on a bicycle near Bania Sahi of Gop (Nimapara-Konark Road) a Truck bearing Registration No. OR-02-R-7181 came from his back side in a rash and negligent manner and dashed against the deceased. As a result of this, the deceased died on the spot. A criminal case was registered in local Police Station against the driver of the offending truck. At the time of accident, the deceased was aged about 35 years. He was working as a mason and also doing contract/stone supply work. He was earning Rs.130 � Rs.150/- per day towards his wages by doing masonry work. He was contributing Rs.3500/- per month for maintenance of the claimants-appellants. Making the above averments the claimants filed a claim case being MAC No.11 of 2004 under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.8,40,000/- from the respondents. Respondent no.1 is the owner of the Truck, who did not contest the case and was set ex parte. Respondent No.2-The New India Assurance Co. Ltd., the insurer of offending Truck filed written statement denying its liability. Another claim case being MAC No. 7 of 2004 was also filed by the Pro-forma-respondent nos. 3 & 4. The present appellant no.1 is the first wife of the deceased and appellant no.2 is the minor daughter of the deceased through appellant no.1. Pro forma Respondent no.3 is the second wife (concubine of the deceased) and Pro forma-respondent no.4 is the minor daughter of the deceased through respondent no.3. Respondent no.5 is the brother of the deceased and respondent no.6 is the mother of the deceased.

(3.) IN view of the above, this Court directs respondent no.2- New INdia Assurance Company Limited to deposit the compensation of Rs.3,93,500/- along with interest @ 6% per annum from the date of filing of the claim application till the date of deposit before the Tribunal. The said amount shall be deposited before the Tribunal within a period of four weeks from today. On deposit of the entire amount of compensation, learned Tribunal shall disburse the same in like manner as has been directed by it in its order.