ORIENTAL INSURANCE CO LTD Vs. MUSTT SAMSUNEESA LASKAR

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned Advocate for the petitioner.

(2.) Seen the application filed to convert this appeal to an application under Article 227 >of the Constitution of India. The prayer is allowed. This matter shall be considered tas an application under Article 227 of tie Constitution.

(3.) The only submission made by Mr. Dutta is that for the death of a body aged about 10 years an amount of Rs. 1,58,5007- has been awarded by the Tribunal and this is absolutely exorbitant and without any reason and this is not a just compensation; but has taken the shape of a lottery or of speculation. That is not the purpose of a Motor Accident Claims Tribunal. In this connection Mr. Dutta placed reliance in a judgment dated 14.2.97 in M.A. (F) No. 153/92 and 62/93 where this court placed reliance on an earlier decision of. a Division Bench Judgment reported in 1990(2) GLR 281 (Sub Uman Singh Gurung & another -vs- Shri Seva Rama Dutta and another). Mr Dutta pointed out that the court must take a pragmatic view of the matter and there may be surmises and conjecture; but,the amount can not be determined in an exorbitant way as has been done in this case. Accordingly this application under Article 227 of the Constitution of India shall stand allowed and the Award dated 11.7.97 in M.A.C. Case No. 4/1987 passed by the Motor Accident Claims Tribunal, Hailakandi shall stand quashed. Already the Insurance Company had paid an amount of Rs. 75,000/- alongwith the no fault liability and that shall be deemed to be the amount of compensation for the death of the boy.