CHARKISH BALA RABHA Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motors Vehicle Act, 1988, has been preferred challenging the judgment and award dated 13.12.2011 passed by the learned MAC Tribunal, Goalpara, in MAC Case No.31 of 2006. The claimant has preferred this appeal praying for enhancement of the compensation amount on various grounds.

(2.) SMT . Charkish Bala Rabha as claimant instituted the aforesaid MAC case in the Court of learned MAC Tribunal at Goalpara stating that her husband was a retired master roll employee in the office of the Executive Engineer, P.W.D.(roads), Goalpara. While he was coming towards his house at Goalpara by bi -cycle on 02.09.2005, the offending truck bearing registration No. AS18/2914 came in rash and negligent manner with excessive speed and knocked him down at about 10 A.M. near Kumarpara Villaga Chawk causing grievous injuries on his right leg and head. The bicycle was also damaged and the injured was taken to Goalpara Civil Hospital where he died because of the injuries. He was drawing a pension of Rs.3,500/ - per month at the time of the accident and was also making some income from vegetable vending and accordingly, his total monthly income was Rs.6,000/ - per month and at the time of his death he was 59 years of age. So, she claimed for compensation of Rs.8,00,000/ -.

(3.) ALL the opposite parties appeared and submitted their written statement. While the opposite party No.1 Insurance Company denied liability of making payment, the opposite parties No. 2 and 3 who are owner and driver of the vehicle also denied that there was any rash and negligent driving of the offending vehicle. However, it was disclosed that at the time of accident the vehicle was covered by valid insurance policy under opposite party No.1 and the insurance was valid upto 05.09.2006. Upon such rival contention of the parties the learned trial court framed as many as 3 (three) issues as follows: