UNITED INDIA INSURANCE CO LTD Vs. SNEHALATA DATTA

JUDGEMENT

(1.) We have heard Mr. P. Gautam, learned counsel for the Insurer-appellant, Mr. P. K. Biswas, learned Asstt. S.G. for the respondent Nos. 3 and 4 and Mr. D.R. Chowdhury, learned counsel for the respondent Nos. 1, 2 and 5.

(2.) The judgment and order dated 30th January, 2002 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala (for short, "the Tribunal" in T.S. (MAC) 137 of 1998 awarding an amount of Rs. 4,82,000/- with interest at the rate of 9% per annum with effect from 16.5.1998, if paid within 3 (three) months from 30.1.2002 failing which at the rate of 14% per annum after expiry of the said period, stands impugned in the present appeal filed by the United India Insurance Company Ltd., the insurer of the offending vehicle.

(3.) The material facts giving rise to the present proceedings originate from a motor accident which had taken place on 3.11.1997 at about 8 a.m. involving the vehicle, a Commander Jeep TR-01 -3464, claiming the life of the Ripon Dutta, aged 21 years, the son of the claimants-respondents. Following the death of their son, the claim petition was filed by the unfortunate parents for compensation which was finally adjudicated by awarding an amount of Rs. 4,82,000/- after coming to a finding that the monthly income of the deceased was Rs. 2,500/- and choosing 16 as the correct multiplier in consideration of the age of the victim. Though the appellant herein, being the insurer filed a written objection before the learned Tribunal, the witnesses produced by the claimants-respondents were neither cross examined nor was any evidence adduced in support of the defence taken by the insurer. No permission was sought and obtained by the insurer under Section 170 of the Motor Vehicles Act in order to enable it to take all the grounds to contest the claim which are available to the insured.