OFFICER COMMANDING Vs. BHANU KANDULUNA

JUDGEMENT

(1.) Heard Mr. Yangerwati, learned counsel appearing for the appellant and Mr. PB Chetri, learned counsel appearing for the respondents.

(2.) This appeal under Section 173 of the Motor Vehicles Act is directed against the judgment and award dated 13.08.2009, passed by the learned Member, Motor Accident Claims Tribunal, Dimapur, in MAC Case No. 28/2007 awarding an amount of Rs.3,49,500/- (Rupees three lakh forty nine thousand) only as compensation against death of one Uttam Kanduluna.

(3.) Deceased Uttam Kanduluna was a vegetable vendor, who was travelling in a TATA tripper bearing registration No. 99E-C-69590, owned by 82 R.C.C. (GREF). The vehicle, at that time, was run by a helper of the truck and not by the driver and in the accident victim received injury on his head consequent to which he died. The accident took place on 30.09.2006 at about 6.30 p.m. at Jessami-Dimapur road. On the death of Uttam Kanduluna, his father, his wife and his three children filed claim before M.A.C.T., Dimapur demanding compensation of Rs.4,92,000/- (Rupees four lakh ninety two thousand) only for the accidental death of Uttam Kanduluna who was described to be the sole bread earner of the family.