ORIENTAL INSURANCE CO LTD Vs. RAHIL JACOB

JUDGEMENT

(1.) ORIENTAL Insurance Company Ltd. has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 challenging the award dated 14.10.1999 passed in M.A.C.T. Misc. Case No. 55/1184 of 1993/1990 by which the 3rd Motor Accidents Claims Tribunal. Puri, has awarded compensation of Rs. 3,30,000/ - together with interest @ 12% per annum for the death of the mother of claimant -respondent No. 1 in a motor vehicular accident on 6.1.1990 in Bhubaneswar town.

(2.) CLAIMANT -respondent No.l, the minor son of the deceased, filed a claim application before the 3rd Motor Accidents Claims Tribunal, Puri, stating therein that on 6.1.1990 at about 11.00 a.m. while his mother, after attending the final law examination, was returning to her residence in a rickshaw, near A.G. Square the rickshaw -puller stopped his rickshaw seeing the red -light signal at the traffic post. At that time an Ambassador car bearing registration number AAV 7227 came at a high speed in a rash and negligent manner without blowing horn and dashed the rickshaw from behind. As a result of such accident, the deceased sustained severe injuries and on her way to the hospital succumbed to the injuries. It was stated that the deceased was a young lady of 26 years and after completing her graduation in Rama Devi Women's College was prosecuting her study in law. The claimant filed the application claiming compensation of Rs. 6,20,000/ -.

(3.) THE aforesaid award is under challenge in the present appeal on the ground that there was no material before the Tribunal to hold that the income of the deceased would Rs. 2,000/ - per month out of which her contribution to the family would be Rs. 1500/ - per month. The further ground taken is that the driver of the offending vehicle did not possess a valid driving licence.