GITA RANI MORAL Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS is an appeal preferred under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the MV Act') against the award, dated 19. 05. 2003, passed by the learned Member, Motor Accident Claim Tribunal, Bongaigaon, in MAC Case No. 84 of 1999, determining a sum of Rs. 7,73,800/- as compensation and directing the insurer-respondent No. 1 herein to pay to the claimant-appellants the said amount with interest @ Rs. 8% per annum from the date of making of the claim application till realization of the awarded amount.

(2.) WE have heard Mr. M. U. Mahmud, learned counsel for the claimants-appellants, and Mr. S. K. Goswami, learned counsel appearing on behalf of the insurer-respondent No. 1.

(3.) THE claimant No. 1 namely, Smti Gita Rani Moral, for herself and on behalf of her two minor daughters, namely, Nabanita Moral and Pritinita Moral, who are claimants-appellants Nos. 2 and 3 respectively, made an application, under Section 166 of the MV Act, seeking a sum of Rs. 43,80,000/- as compensation for the death of her husband , Khanindra Moral, in a motor vehicular accident, which took place, on 28. 04. 1999, at about 12:30 PM, near the old fire Brigade office, Bongaigaon, the case of the claimants being, in brief, thus: While the claimant's husband, Khanindra Moral, was driving his scooter, bearing registration No. AS-19/2615, at BT Road, with one Kandarpa Talukdar as pillion rider, a school bus, bearing registration No-ASZ-219 (which is hereinafter referred to as "the offending vehicle") came driven from the opposite direction at a high speed, rashly, negligently and knocked down the said scooter. On being so knocked down, Khanindra Moral and the said pillion rider fell down and sustained injuries. While Kandarpa Talukdar, i. e. , the pillion rider, survived, Khanindra Moral succumbed to his injuries at the hospital. Khanindra Moral was aged about 40 years at the time of his death and he, as an employee of Brahmaputra Flood Control Board, used to receive Rs. 10,287/- per month as salary and allowances.