HIMANGSHU CHOUDHURY Vs. SUSHIL KUMAR AGARWAL

JUDGEMENT

(1.) The appellants, named above, set the law in motion, presenting a Memorandum of Appeal, under Section 173 of M.V. Act, 1988, against the judgment and award dated 13.07.2000, passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala, in Case No. TS (MAC) 452 of 1996.

(2.) Heard learned counsel, Mr. Somik Deb for the appellants and learned counsel, Mr. P. Gautam for respondent No.2.

(3.) The fact, necessary for disposal of the appeal, in short, is that Babul Choudhury, unmarried young son of the appellants, aged about 25 years, was a professional driver of heavy motor vehicles and on 23.06.1996, he was driving truck vehicle bearing No.AS-01-5137, belonged to respondent No.1, and was on way to Guwahati from Meghalaya, carrying load of coal and at about 3.30 pm, the vehicle met an accident on N.H. 44 at a place, named Umran Diary under Umsning Outpost, Meghalaya, and the vehicle fell on the roadside ditch, and as a result, Bablu Choudhury received fatal injury and he was taken to Civil Hospital, Meghalaya, where he was declared dead. The deceased used to earn Rs.3,000/- per month and for the untimely death of the deceased, the appellant-petitioners suffered pain and sufferings as well as loss of income of the deceased, on which they were dependent. The appellant- petitioners presented the petition, under Section 163(A) of the M.V. Act and prayed for granting them compensation of Rs.4,51,500/-, as per Second Schedule of M.V. Act.