ORIENTAL INSURANCE CO LTD Vs. NIRMAL BORO

JUDGEMENT

(1.) Challenging the judgment and award dated 3.7.2007 passed by learned Member, Motor Accident Claims Tribunal, Kamrup in MAC Case No. 709 of 2004 the appellant Oriental Insurance Company Ltd., has filed this appeal.

(2.) The respondent Nos. 1 and 2 field MAC Case No. 709 of 2004 seeking compensation on accident and death of their brother late Lal Bora in a motor accident occurred on 10.3.2004. Both the claimants are brother & sisters of the deceased.

(3.) The appellant Insurer resisted the claim wherein interalia they raised the plea that since the claimants are brother and sisters and they were not dependent on the earning of the deceased. Moreover, they also denied that the accident took place due to any fault of the offending vehicle. The income of Rs. 3,400/- of the deceased was also disputed. Learned tribunal held that the accident took place as truck driver drove the vehicle in excessive speed and in a rash and negligent manner. The income of the deceased was Rs. 3,400/- per month and awarded the compensation of Rs. 3,00,000/- with interest @ 7% per annum with effect from date of filing of the claim petition.