DIVISIONAL MANAGER THE NEW INDIA Vs. GANTAI MUDULI

JUDGEMENT

(1.) THIS is an appeal under Section 173(1) of the Motor Vehicle Act, 1988 filed by the New India Assurance Company Limited, inter alia, challenging the award dated 13.4.1995 passed by the 2nd Motor Accident Claims Tribunal (Southern Division), Berhampur in MAC No. 551/93 (327/93). The said claim case was filed by respondent Nos. ' and 2 on account of death of their son in a motor accident. It is alleged that son of the claimants was travelling in a mini bus bearing registration No. OR -074297 and due to the rash and negligent driving of the driver of the said mini bus, it met with an accident on 15.4.1993 at 7.30 a.m., thereby causing his death.

(2.) THE Tribunal on the basis of the evidence arrived at a finding that the age of the deceased was 18 years and his monthly income was Rs. 1000/ -. On the basis of such finding, the Tribunal awarded a sum of Rs. 1 lakh as compensation with interest @ 9% per annum from the date of application, i.e., 5.7.1993 till realization.

(3.) TAKING into consideration all these factors, and after hearing the learned counsel for the parties, in a spirit of the Lok Adalat, I feel the Misc. Appeal can be disposed of by reducing the compensation to certain extent. Accordingly, I feel awarding a sum of Rs. 80,000/ -in place of Rs. 1,00,000/ - would be just, equitable and proper. I, therefore, dispose of this Misc. Appeal with a direction that the claimants shall be entitled to a compensation of Rs. 80,000/ - only and not Rs. 1,00,000/ -, with interest @ 9% per annum from the date of application, i.e., 5.7.1993 till date of realization. The amount deposited in this Court be returned to the learned counsel for the Insurance Company, and the Insurance Company is directed to deposit the entire compensation amount with interest before the Tribunal within eight weeks. The Tribunal is also directed to disburse the amount to the claimants as stipulated in the award.