NATIONAL INSURANCE CO LTD Vs. SIKHA DAS

JUDGEMENT

(1.) The judgment and award dated 11.6.2001 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in T.S. (MAC) 125 of 1997 stand impugned in the present appeal filed by National Insurance Company Ltd. (for short 'the insurer').

(2.) The relevant facts giving rise to the claim proceeding originated from a motor accident, which had occurred on 21.12.1996 at 6.30 A.M. On the fateful day and time, the deceased Niranjan Das, who was a Rickshaw puller was standing with his rickshaw parked on the left side of the road just behind a vehicle bearing No. TRS-709 when the offending vehicle bearing No. TRS-261 running at a high speed dashed against the vehicle TRS-709 and the rickshaw standing behind. The unfortunate and poor rickshaw puller died on the spot instantaneously and the vehicle TRS-709 sustained substantial damages. A police case was registered under Sections 279 and 304A of the Indian Penal Code, which eventually ended into a charge sheet against the driver of the of fending vehicle following which a full dressed trial had commenced. The dependent legal heirs of the deceased Niranjan Das filed claim for compensation to the tune of Rs. 11,25,000/- before the learned Tribunal claiming that the deceased was earning Rs. 3,000/- to 4,000/- per month and at the time of his death he was aged only 40 years. The claim was contested by the owner and the insurer of the offending vehicle by submitting separate written statement. They admitted the factum of the accident and death of the deceased on the spot as a result thereof, but disputed the claim on the ground that it is exorbitant and not admissible under the relevant provisions of the Motor Vehicles Act. The owner of the other vehicle TRS-709 having been impleaded filed a separate written statement admitting the accident. The learned Tribunal after recording evidence adduced by the parties awarded an amount of Rs. 3,61,000/- making the insurer, the appellant herein, liable to make the payment. Further direction of the learned Tri - bunal is to pay interest @9 % per annum w.e.f. 4.3.1997, the date of filing the claim petition if payment is made within two months and in default, to pay interest @ 12% per annum after expiry of two months till payment is made.

(3.) The owner of the offending vehicle or the claimants have not preferred any appeal from the impugned judgment and award and, therefore, our considerations in this appeal shall remain confined to the questions raised by the insurer after examining them on the touchstone of the provisions of Section 149(2) of the Motor Vehicles Act, 1988 (for short 'the Act').