NATIONAL INSURANCE CO LTD Vs. SUREN CH RAY

JUDGEMENT

(1.) Heard Mr. R. Goswami, learned counsel for the appellant and Mr. M. Khan, learned counsel for respondent nos. 1-3.

(2.) This appeal under Section 173, Motor Vehicles Act, 1988 (the Act, for short) is directed against the judgment and award dated 31.03.2016 passed by the learned Member, Motor Accident Claims Tribunal, Bongaigaon (the Tribunal, for short) in MAC Case no. 2/2014. By the said judgment and award, the Tribunal has awarded an amount of Rs. 6,35,000/- as compensation to the claimants along with interest @ 6% per annum from the date of filing of the claim application i.e. 04.01.2014 till realization.

(3.) Assailing the said judgment and award, the learned counsel for the appellant has submitted that the respondent no. 1 claimant no. 1 was the husband of the deceased and he was also the rider of the vehicle, a motor cycle bearing registration no. AS-19E/6329 (the subject-vehicle, for short), when it met with an accident due to which the deceased, his wife sustained the injuries, resulting ultimately into her death and at the same time, it was due to an act on his part the accident in question had happened. It is submitted by him that one who is at fault, cannot receive compensation which is otherwise payable only to the legal representatives of the deceased. It is submitted by him that when the claim application was filed under Section 163A of the Act, the Tribunal could not have assessed the compensation in the manner contemplated under Section 166 of the Act. He further submits that the Tribunal had erred in granting compensation under the heads of loss of consortium and loss of care and guidance for the minor children. He submits that in such view of the matter, the impugned judgment and award is liable to be interfered with.