UNITED INSURANCE CO LTD Vs. MAYA RANI DEBNATH

JUDGEMENT

(1.) This judgment and order of ours will dispose of MAC Appeal No. 102 of 2000 and C.O. (F.A.) No. 8 of 2000.

(2.) Briefly stated the facts here as to the aforesaid appeal and cross-objection are as under :- The claim petition was by the cross- objectioner in the aforesaid C.O. (F. A.) No. 8 of 2000 before the MACT under Section 166 of the Motor Vehicles Act inter alia alleging that her son Nitai Debnath aged 20 years 7 months and 18 days had been done to death by an accident caused by Omni Bus No. TRS-999 on 18.8.1993. The son was coming on a bi-cycle when he was struck by a speedy bus causing instant death of the son of the claimant. The bus did not stop their, in other words, it was hit and run case. It was further alleged that the bus was insured with the United India Insurance Co. Ltd., (the appellant in MAC Appeal No. 102 of 2000) at the relevant time. It was still further alleged that the deceased who was a labourer and was earning Rs. 50/- per day, i.e. Rs. 1,500/- per month. The amount claimed as compensation was Rs. 5,00,000/-. The Tribunal awarded a sum of Rs. 1,32,000/- towards compensation and it was ordered that 50% of the amount of compensation be kept in a long term fixed deposit in a Bank in the name of the claimant. The award was given on 2.8.2000 and it was ordered that if the amount is not paid within two months by the Insurance Company, the amount will carry interest at the rate of 15% per annum from the date of judgment till the date of payment.

(3.) The learned counsel for the appellant in MAC Appeal No. 102 of 2000 tried to argue that the alleged offending vehicle i.e. the Bus was in fact not the offending vehicle. Reliance for the argument is placed on the FIR which was lodged by one Ashok Roy. He is not an eye witness. He stated in the FIR that he was sitting inside the Shaktimata Club. As it was raining and owing to power failure, he along with some others were sitting in the club and on hearing a second coming from the Agartala Bishalgarh Road near the southern side of the club, they came out and found that the person was lying dead with bleeding injuries on the road side with a cycle. It was further stated that they came to learn that one Truck vehicle is said to have dashed against him, and fled away. From this it is urged that the person who lodged the FIR mentioned that the offending vehicle was a Truck and not Bus.