JAMUNA DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal, for enhancement of the award under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award dated 30.09.1999 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in T.S.(MAC) No. 503 of 1997.

(2.) Heard Mr. S. Deb, learned senior counsel assisted by Mr. B. Debnath, learned counsel appearing for the appellant-claimants as well as Mr. P. Datta, learned counsel appearing for the respondents.

(3.) Concise fact, sans unnecessary details of the appellants-claimants' case in T.S.(MAC) No. 503 of 1997, is noted for decision of this appeal. The appellant-claimants are the wife and children of one Sushil Das, who was a businessman dealing with the vegetables at Madhupur Bazar, Bishalgarh having monthly income of Rs.3,000/-. On the fateful day of 17.10.1999 at about 06:30 a.m. while he was standing in front of Bishalgarh New Market was knocked down by the offending vehicle bearing registration No.TRP-360(Jeep) because of the rash and negligent driving of the driver. The said offending vehicle, which admittedly belonged to the respondents, was coming from Udaipur side and moving towards Agartala at a very high speed at the time of said vehicular accident. As a result of the said vehicular accident, Sushil Das sustained severe injuries on his person. Immediately thereafter he was taken to Bishalgarh Hospital and therefrom he was taken to G. B. Hospital for better treatment, but unfortunately on the same day he succumbed to his injuries. Accordingly, the appellant-claimants filed T.S.(MAC) No.503 of 1997 before the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala praying for compensation at the tune of Rs.8,50,000/- and also interest @ 20% per annum from the date of filing of the claim petition till the date of payment of compensation.