UNITED INDIA INSURANCE CO LTD Vs. CHANDANA SAHA

JUDGEMENT

(1.) By this appeal, the United India Insurance Company Ltd. being the insurer in relation to the two wheeler involved in the accident has called in question the judgment dated 20.01.05 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in TS (MAC) No. 182 of 2003 whereby the appellant- insurer has been slapped with an amount of Rs. 5,27,000/- to be paid as compensation to the claimants for the accidental death of the deceased Narayan Chandra Saha.

(2.) The factual matrix giving rise to the present claim is that on 14.11.02 the deceased while travelling as a pillion rider by the scooter TR-01 - A-7070 driven by its owner Sanjib Kumar Roy met an accident and died. The allegation is that due to negligent driving by the owner Sanjib Kumar Roy the deceased fell from the scooter, sustained injuries and died on the following day. Against a claim of compensation for an amount of Rs. 38,40,000/- by the wife, son and daughter of the deceased, the learned Tribunal awarded an amount of Rs. 5,27,000/- after holding that the acciident had taken place due to negligent driving and the appellant being the insurer is liable to pay the compensation with interest @ 6% per annum from the date of prevention of the petition on 10,4.03 till the payment is made.

(3.) We have heard Mr. P. Gautam, learned counsel for the appellant-Insurance Company and Mr. S. Lodh, learned, counsel for the claimant-respondents.