NATIONAL INSURANCE CO LTD Vs. ASHOKA DAS

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicle Act, 1988 arises out of judgment/ award dated 29.8.1996 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in T.S. (MAC) No. 125 of 1992 by which an amount of Rs. 1,06,000/ - with 12% interest from the date of filing of the petition (16.9.92) has been awarded in favour of the claimant respondent Smti Ashoka Das, under Section 166 of the Motor Vehicle Act.

(2.) The case before the Tribunal, in short is as follows: On 17.7.1992 at about 5.30 A.M. while the deceased Ramesh Ch. Das and one Smti Rubi Sen were standing near the Bus Syndicate in the Western side of Agartala Bishalgarh Road, one vehicle (Jeep) bearing No. TRT-1596 dashed them down having plied with rash and negligent driving as a result Ramesh Ch. Das sustained grievous injury and died instantaneously at his age of 57 years. He was the sole earning member of the family consisting three members including unmarried daughter. Police case was registered vide West Agartala PS. Case No. 30(7)792 under Section 279/338/304 A I.P.C. The claimant wife, son and daughter filed this claim petition under Section 166 of the Motor Vehicle Act, claiming Rs. 5 lakhs as compensation contending, interalia, that prior to death the deceased had an earning of Rs. 2,000/- per month from his grocery shop and he was the only bread earner of the family. The owner of the vehicle and the Insurance Company resisted the claim by filing written objection virtually admitting the accident but special plea was raised by the Insurance Company to the effect that the vehicle was not insured at the relevant time and, as such, the Insurance Company was not liable. Initially, the Insurance Company was not made party but subsequently by way of amendment, as soon as the claimant: could collect the details of the insurance, made the Insurance Company as a party by way of amendment.

(3.) The learned Tribunal having recorded the evidence found the vehicle insured with the appellant Insurance Company and made the award as quoted above.