NEW INDIA ASSURANCE COMPANY LTD Vs. BIBHA DEY

JUDGEMENT

(1.) HEARD Mr. T. B. Jamir, learned counsel for the appellant and Mr. B. N. Sarma for the respondent/ claimants.

(2.) BRIEFLY stated the case is that on 1. 6. 2001 one Nepal Dey sustained grievous injuries when the vehicle No. NL 01b/0119 (Bus) met with an accident. For the said vehicle accident Nepal Dey filed an MAC Case No. 91/01 before the Motor Accident Claims Tribunal, Dimapur. The said case was disposed of by the Tribunal by judgment and award dated 13. 3. 2002 awarding a compensation of Rs. 2,59,000/- in favour of the claimant Nepal Dey. The award was duly satisfied by the present appellant and the amount was received by Nepal Dey, the claimant. After the said MAC Case No. 91/01 was disposed of and the award was satisfied the claimant Nepal Dey succumbed to his injuries and expired on 17. 4. 2002. On his death, the present respondents the wife and son of deceased Nepal Dey filed a Misc. Case No. 2/02 before the Tribunal claiming for awarding an additional compensation to the respondents/claimants on account of the death of deceased Nepal Dey. The appellant resisted the said petition filed by the respondents by filing a written reply. The learned Tribunal after recording the statement of the respondent and also after hearing the parties passed the judgment and order dated 28. 4. 2003 awarding another additional amount of Rs. 81,000/- in favour of the present respondents. The appellant aggrieved by this judgment and order has approached this Court in this appeal.

(3.) WITH regard to the accident and injuries suffered by the deceased Nepal Dey and payment of compensation to him for the injuries is no more in dispute in the instant case as the award was already received by the deceased Nepal Dey. The only contention of the appellant is that the award was made on 13. 3. 2002 and the deceased Nepal Dey expired on 17. 4. 2002 and that the deceased expired much after the award and judgment was passed by the Tribunal. It is also the contention of the appellant that there were no infection to the injuries suffered by the deceased due to alleged accident and that the medical certificate issued by one Dr. D. Bharali, MBBS was not at all a Medical Certificate.