NATIONAL INSURANCE CO LTD Vs. SITA DEBNATH

JUDGEMENT

(1.) The correctness and legality of the judgment and award dated 26.6.1998 passed by learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in T.S. (MAC) 213 of 1996 have been called in question in the above three appeals. We, therefore, propose to dispose of them by a common judgment. While the National Insurance Company Ltd. (for short 'insurance company') being insurer of the offending vehicle has put under challenge the judgment and award, the wife and two children of the deceased Samir Debnath have sought enhancement of the award of Rs. 2,67,000/-. Similar prayer for enhancement has been preferred by legal heirs of the mother of the deceased. Thus, the three appeals have fallen for four consideration.

(2.) A short survey of the pleaded case would show that on 1.4.1996 at about 10.10.30 A.M. deceased Samir Debnath was proceeding towards Bishalgarh on foot when he was dashed down by a jeep bearing the registration No. TR-01-2111. With severe injuries sustained, he was at once shifted to the G.B. Hospital, Agartala where he breathed his last on the same day leaving behind his mother, widow and a daughter. A son was bom during pendency of the proceeding instituted by the legal heirs and dependants before the learned tribunal claiming Rs. 6,51,000/- as compensation.

(3.) The owner and driver of the said vehicle and its insurer as well pleaded that there was no negligence on the part of the driver of the jeep and on that ground alone they claimed that the claim of compensation made by the claimants dependants was not legally sustainable.