ALMA BEGUM Vs. LILMA PATAR KALITA

JUDGEMENT

(1.) This appeal is directed against the judgment and Award dated 6.5.2002 passed by the Member, Motor Accident Claims Tribunal, Kamrup, Guwahati in MAC Case No. 632 of 1999 awarding an amount of Rs. 2.00 lakhs inclusive of no fault liability as compensation for the death caused to one Abdul Ali, husband of the Appellant No. 1 and father of the Appellant No. 2 to 4. Appellants filed the present appeal for enhancement of the quantum of compensation as awarded by the learned Tribunal.

(2.) The brief fact leading to the filing of the claim petition is that one Abdul Ali, the husband of the Appellant No. 1 and father of Appellant No. 2-4 was knocked down on 17.6.99 at about 9 AM by Vehicle No. AS- 01 F-3744 driven by the driver in rash and negligent manner. Said Abdul Ali succumbed to his injury in Guwahati Medical College and Hospital. According to the appellants the deceased was a Poultry and Vegetable trader earning about Rs. 5000/- per month and left behind the claimants and hence prayed for awarding the compensation of Rs. 6,08,500/- including the no fault liability of Rs. 50,000/-.

(3.) In the claim petition apart from the Insurance Company, namely, Oriental Insurance Company, the owner and Driver of the offering vehicle were made parties as Opposite Party Nos 1 and 3 but inspite of receipt of the notice they have chosen not to contest the claim of the Claimants. The insurance Company who was the Opposite Party No. 2 in the claim petition filed a written statement contesting the claim of the claimants.