KALI PRASAD ADHIKARY Vs. BHAIRABI ROY

JUDGEMENT

(1.) Heard Mr. S.K. Medhi, learned counsel for the appellant, Mr. A.K. Choudhury, learned counsel for the Insurance Company and Mr. N. Chakraborty, learned counsel for the claimant.

(2.) The facts in brief are that Haladhar Roy met with an accident on 19.2.87 and sustained injuries. However, the injured later on succumbed to the injuries within an hour of the acccident. The claimant Smti Bhairabi Roy filed a claim petition under Section 166 of the M.V. Act for herself and her two minor sons and the matter was registered as MAC Case No. 10/88 before the Member, Motor Accident Claims Tribunal, Kokrajhar. The claim was contested by the owner of the vehicle, that is, the present appellant and also the insurance company. The learned Tribunal held that the death was due to the negligent diving of the vehicle by the driver and as such the claiman is entitled to compensation. The learned Tribunal quantified the compensation at Rs. 1,00,000/- and directed that the Insurance company will pay Rs. 60,000/- while the owner will pay Rs. 40,000/- Feeling aggrieved the owner has filed this present appeal.

(3.) White deciding issue No. 4 the learned Tribunal hld as below:-