BISHWAPATI KALAI Vs. NEPAL SARKAR

JUDGEMENT

(1.) THIS appeal, under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment & award, dated 12.09.2012, passed by learned single Member, Motor Accident Claims Tribunal, Khowai, West Tripura in Case No.TS.(MAC)28 of 2001.

(2.) HEARD learned counsel, Mr. U K Majumder for the appellants and learned counsel, Mr. P Gautom for the respondent No.2, United India Insurance Company Ltd. Respondent No.1, the owner of the alleged offending vehicle, has chosen to remain absent.

(3.) VEHICLE No.TR -01 -3187 (Jeep) belonged to the respondent No.1 met with an accident on 29.01.2001 at about 1.00 PM at Dhalacherra on Teliamura -Taidu road for rash and negligent driving carrying passenger including Purnapada Kalai and as a result of that accident, Purnapada Kalai received fatal injury and died in G.B hospital. The appellants, being the legal representatives of the deceased, presented a claim by filing an application under Section 166 of Motor Vehicles Act before the Motor Accident Claims Tribunal, claiming compensation of Rs.15,00,000/ - for the death of Purnapada Kalai. The owner and insurer of the vehicle were served notices and they resisted the claim by filing written statements. On conclusion of inquiry/trial the Tribunal awarded a compensation of Rs.2,11,000/ - in all to the claimants and directed the respondent No.2, United India Insurance Company Ltd. to make payment of the compensation.