HIT BAHADUR CHETRY Vs. SUARAM BORO

JUDGEMENT

(1.) THIS first appeal is directed against judgment and award dated 18.03.2004 passed by the learned Member, Motor Accident Claims Tribunal, Darrang in MAC Case No. 93/2001. By this judgment learned Tribunal allowed compensation to the tune of Rs. 30,000/ - against National Insurance Company. Praying for enhancement of compenstion amount, claimant has approached this Court by preferring this appeal.

(2.) CLAIM was lodged by one Hit Bahadur Chetry stating that when his daughter Uma Devi, who was a student of Class IX, was on way to home from school was hit by a Tata Truck bearing registration No. AR -01/6107 on 08.03.2001 at about 1 -10/15 P.M. at Lamabari, Hatkhola village under Mazbat Police Station. It was alleged that the vehicle was moving in rash and negligent manner and knocked down the minor victim. Hearing about accident, claimant rushed to the spot and found his daughter lying dead. He did not see the truck. He claimed compensation to the tune of Rs. 4,50,000/ -. The owner, Suaram Boro appeared and denied rash and negligent driving of the vehicle. He denied occurrence of accident itself as well as the quantum of compensation claimed. However, he disclosed that the vehicle was covered by insurance of National Insurance Company Ltd, the opposite party No. 2. The insurance company submitted written statement denying all allegations and stated that claim was exorbitant and imaginary. In course of trial, claimant examined two witnesses including himself and an eye witness, namely, Hem Bahadur Chetri, PW 2. PW 1 (claimant) stated that having learnt about the occurrence of the accident, he rushed to the spot and found his daughter lying dead. He was informed by the PW 2 that the aforesaid offending vehicle had knocked down his daughter. She was reading in Class IX and was of about 16/17 years of age. PW 2, on the other hand, claimed to have seen the accident by himself. He said that he was coming from his house Lamabari by a cycle. The victim girl was also moving on a cycle. At Lamabari, the offending vehicle knocked her down and she died on spot. Thereafter, truck sped away in high speed. He gave the number of the vehicle in his deposition and stated that victim was 16/17 years old at that time and was a student. Police took the dead body, truck was seized and dead body was sent to Mangaldoi Civil Hospital for post -mortem examination. In course of cross examination, he stated that the victim belonged to his village. He was interrogated by police about the accident.

(3.) THE learned Tribunal determined the age of the victim girl at 15 years but without entering into detailed calculation of compensation applied thumb rule and decreed compensation of Rs. 30,000/ - in all. It is this determination which has been brought under challenge in the present appeal.