JHULAN RANI SAHA Vs. NATIONAL INSURANCE COMPANY

JUDGEMENT

(1.) Claimant in T. S. (MACT) 28/89 on the file of Second Motor Accident Claims Tribunal, West Tripura, District Agartala, being dissatisfied with the quantum of compensation awarded by the Tribunal has filed the appeal.

(2.) The claimant, mother of Prabash Saha, filed the application under S. 110A of the Motor Vehicles Act, 1939 (for short, the Act) claiming Rs. 9,14,000.00 as compensation for the death of her son in a motor vehicle accident involving stage carriage vehicle bearing registration No. TRS 209 at 12 noon on 14-7-1986 near the bus stand in the Airport Road, Agartala on the allegation that the vehicle driven at an excessive speed and rash and negligent manner knocked him down and the front left wheel of the vehicle ran over and killed him instantaneously. The claim was opposed by the insurer of the vehicle. Tribunal awarded Rs. 1,29,600.00 (less Rs. 15,000.00 already paid) as compensation and directed the insurer to pay the amount with interest at 12 per cent per annum from the date of application. MA (F) No. 39/1991 filed by the insurer has been dismissed.

(3.) The only question arising for consideration in the appeal is whether there is any justification to enhance the quantum of compensation awarded by the Tribunal ?