ORIENTAL INSURANCE COMPANY LTD Vs. DINANATH BAGAT

JUDGEMENT

(1.) Heard Mr. Uttam Deka, learned counsel for the appellant.

(2.) This is an appeal under Section 173 of the Motor Vehicles Act, 1988 preferred against the judgement and award, dated 12.11.2015, passed by the learned Member, Motor Accident Claims Tribunal, Basar, West Siang District, Arunachal Pradesh in MAC case No. 13 /2010 whereby, the appellant / opposite party No. 1- Oriental India Insurance Co. Ltd is directed to pay a sum of Rs. 4, 50,000/- (Four Lakh Fifty Thousand) only inclusive of No Fault Liability amount with interest @ 6% per annum from the date of filing of the claim petition, i.e 12.11.2010, till payment within a period of 2 (two) months from the date of the aforesaid judgement and order.

(3.) The claimant / respondent's case, in a nutshell, is that on 03.11.2010, his father Kishan Bagat met with a road traffic accident, near M/S Tana Nguki shop, Forest tinali , Daporijo, where he was working as a labour in a truck bearing registration No. AS 07 B 51282, belonged to the opposite party No. 2 and driven by the opposite party No. 3. The said vehicle was duly insured with the appellant /opposite party No. 1 . The claimant stated that at the relevant time, the deceased was aged about 40 years and was a labourer by profession having monthly earning of Rs. 3500/- (Three Thousand Five Hundred) only. Hence a claim was made by the deceased's son - the claimant praying for compensation of an amount of Rs. 4,50,000/-(Rupees Four Lac Fifty Thousand) only.