SOBAHAN ALI Vs. JITENDRA NARAYAN MONDAL

JUDGEMENT

(1.) This is really an unfortunate and pitiable case where the Motor Accidents Claims Tribunal awarded an amount of Rs. 2,500 only and a cost of Rs. 500 with regard to the death of a lady aged about 60 years. That amount was also not awarded against the insurance company, but against the owner of the scooter. The only ground for awarding this Rs. 2,500 is that the deceased was a daily rated worker and the Tribunal found as if there is no value of life of the daily rated workers.

(2.) The law is settled by a catena of decisions where it has been pointed out that the Motor Accidents Claims Tribunal should not give award on the higher side making a claim before the Tribunal a lottery or a jackpot, but at the same time, it has been consistently held that there is no justification for a Tribunal to be niggardly and/or to display an attitude of parsimony.

(3.) A claim petition was filed in the year 1991 before the Member, Motor Accidents Claims Tribunal at Dhubri and that was registered as M.A.C. No. 29 of 1991. It was stated therein that one Manik Moti Bewa aged about 60 years, a daily rated worker doing domestic work having an earning of Rs. 650 p.m., was dashed by a scooter on 12.1.1991 at about 3 p.m., and accordingly Golokganj P.S. Case No. 10 of 1991 was registered under section 279/ 304-A, Indian Penal Code. The vehicle in question, i.e., scooter was insured with New India Assurance Co. Ltd., Jalpaiguri Branch. An amount of Rs. 2,00,000 was claimed as the compensation. The owner filed a written statement and disputed the quantum of amount, but at the same time admitted the accident and it was further admitted that the lady died in the hospital on the same day. No written statement was filed on behalf of the insurance company.