NATIONAL INSURANCE CO LTD Vs. KANIKA CHOUDHURY

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27.9.2004 passed by learned Member, Motor Accident Claims Tribunal, North Tripura, Kailashahar in Title Suit No.18 (MAC) 1999 awarding an amount of Rs. 1,70,200/- with interest at the rate of 9% per annum from the date of presentation of the petition on 15.11.1999 for the death of one Arup Kanti Choudhury in a vehicular accident on 30.3.1999. The National Insurance Company Ltd., being the insurer of the vehicle involved in the accident has been made liable to pay the said amount. Aggrieved, the insurer has filed the present appeal.

(2.) I have heard Mr. A. Lodh, learned counsel for the appellant, Mr. P.R. Barman and Miss P. Dhar, learned counsel for the respondents.

(3.) On 30.3.1999 a vehicle bearing No. TR-02-0363 (Tractor) owned by Golakpur Tea Estate, the third respondent herein was proceeding from Jagannathpur Tea Estate to Golakpur Tea Estate. The deceased Arup Kanti Choudhury, who was a Compounder in the employment under Golakpur Tea Estate was behind the wheels. Though he was not the driver of the vehicle, under the instruction of the management of the said Tea Estate he was driving the vehicle on that fateful day at about 8.45 a.m. However, the said vehicle met an accident causing grievous injury to him, which brought his end on the same day. He left behind his widow mother and wife with a baby who claimed compensation to the tune of Rs. 6,73,000/-.