RANJIT GHOSH Vs. MANINDRA KUMAR DEBNATH

JUDGEMENT

(1.) The present appeal is directed against the judgment and award passed by the learned Motor Accident Claims Tribunal, South Tripura District, Udaipur on 17.4.1996 in T.S. (MAC) No. 40 of 1995.

(2.) The respondent Nos. 1 to 8 as petitioners claim compensation for sustaining injuries in the motor accident in which the vehicle No. TRL 1040 was involved. The respondent - petitioners were travelling from Sabroom to Jalefa in TRL Truck No. 1040 which met with an accident at about 5.30 p.m. near Thaibong and the respondent-petitioners sustained injuries in their bodies. The respondent-petitioners 0were treated at Sabroom hospital and one of the petitioners Nandu Debnath, the minor claimant was referred to GB. Hospital for further treatment. All these eight respondent-petitioner claimed various amounts for sustaining injuries in the motor accident ranging from Rs. 25,000/- to Rs. 1 lakh. The owner of the vehicle and also the New India Assurance Company Ltd. filed written statements.

(3.) It is an admitted fact that the vehicle No. TRL 1040 was insured with the New India Assurance Co.Ltd at the time of accident. The Insurance Company even though filed a written statement before the Claims Tribunal they did not adduce any evidence. The learned Claims Tribunal after taking the evidence and after hearing the parties awarded compensation at a flat rate of Rs 12,500/- to each of the respondent-petitioners. The Tribunal also directed that the compensation shall be paid by the owner of the vehicle, i.e. the appellant Shri Ranjit Ghosh. Having felt aggrieved by the order of the Claims Tribunal, the owner of the vehicle as appellant has filed the present appeal.