NEW INDIA ASSURANCE CO LTD Vs. BIJAYA DAS

JUDGEMENT

(1.) This is an appeal by the insurance company against the award dated 25.4.1994 passed by the Member, M.A.C.T., Kamrup at Guwahati in MACT Case No. 348 (K) of 1992. The brief facts of the case are as follows:

(2.) The claimant No. 1 is the wife of late Niranjan Das and the claimant Nos. 2 to 5 are his sons and daughters. The claim was filed for awarding total compensation of Rs. 3,00,000 for the death of her husband who died in motor accident near Rangjuli in Goalpara District on 7.6.1988. The deceased along with his friend was returning in a private Ambassador car No. AXA 4773 belonging to O.P. No. 1 from a village near Rangjuli. The driver due to his rashness and negligent driving dashed the vehicle on the railing of a wooden bridge and Niranjan Das died on the spot. The vehicle was insured by the O.P. No. 3 against third party risk.

(3.) The insurance company filed a written statement and additional written statement denying the liability of compensation on the ground that there was no comprehensive insurance policy in respect of the vehicle and that the deceased was a gratuitous passenger. The deceased was a fisherman and he used to earn about Rs. 1,000 per month and he was maintaining the family consisting of six members including himself. The deceased was aged about 45 years at the time of death. The learned Tribunal by using the multiplier of 18 assessed the compensation at Rs. 1,50,600. Hence this appeal.