NATIONAL INSURANCE CO LTD Vs. HAJI ABDUL RAKIB

JUDGEMENT

(1.) This appeal at the instance of National Insurance Co. Ltd. is directed against the judgment and award dated 8.7.96 passed by the learned Member, Motor Accidents Claims Tribunal, Karimganj in M.A.C. Case No. 12 of 1993 thereby awarding Rs. 3,15,000 as total compensation minus Rs. 25,000 already paid as interim compensation, to be paid within 60 days from the date of award.

(2.) It was on 22.2.1993 around 2 p.m. on National Highway No. 44 while deceased Abdul Rouf, a young boy of 22 years of age was proceeding from Patharkandi to his relation's house in village Tapadarpara on his motor cycle bearing registration No. MZ-01/1885, he was knocked down by the offending vehicle, a mini truck bearing registration No. TR-02-1510 which was on his way to Karimganj from Chiraibari. The vehicle was coming from the opposite direction and dashed against the motor cycle from its front side knocking down Abdul Rouf and the pillion rider, Abdul Haque as a result of which Abdul Rouf sustained grievous injuries and so also Abdul Haque. The motor cycle was badly damaged as per Exh. P-3. They were immediately rushed to Primary Health Centre, Patharkandi for first aid. Later on, Abdul Rouf was referred to Karimganj Civil Hospital, but on his way to Karimganj, Abdul Rouf succumbed to his injuries.

(3.) The deceased Abdul Rouf was managing his own business of betel nut and his annual income as available on record for the financial year commencing from 1990-91, 1991-92 and 1992-93 was Rs. 18,500, Rs. 23,000 and Rs. 28,000 respectively. Thus, clearly indicating increase in income by about Rs. 5,000 by a year. He was an income tax payee right from the initial stage of his business.