BANDANA CHAKRABORTY Vs. RELIANCE GENERAL INSURANCE

JUDGEMENT

(1.) Heard Mr. A.K. Gupta, the learned counsel for the appellants. Also heard Mr. R. Goswami, the learned counsel for the respondent No. 1. None appears for the respondent No. 3 and the name of the respondent No. 2 (Driver) was struck off vide order dated 04.02.2019.

(2.) This is an appeal filed by the appellants seeking enhancement of the amount of compensation awarded by the Member, Motor Accident Claims Tribunal (the Tribunal), Tinsukia in MACT Case No. 642007. The Tribunal vide judgment dated 05.01.2009, awarded the appellants a sum of Rs. 25,29,500 as compensation and directed the opposite party No. 2respondent No. 3 to deposit the amount of compensation within 60 days from the date of the Award failing which, the opposite party No. 2respondent No. 3 would be liable to pay interest @ 9% per annum from the date of the Award till final realization.

(3.) Pursuant to the judgment, the appellants being aggrieved filed a review before the Tribunal seeking for a direction to the opposite party No. 3respondent No. 1 to pay the awarded amount and also for enhancement of the Award by the taking the monthly salary of the deceased as Rs. 33,000. The review petition was registered and numbered as Misc.MAC Case No. 42009. The learned Tribunal vide order dated 09.12.2009 reviewed its judgment to the extent of directing the opposite party No. 3respondent No. 1 to pay the awarded amount but however the Tribunal did not enhance the awarded amount. Liberty was also given to the opposite party No. 3respondent No. 1 to recover the amount of compensation from the opposite party No. 2respondent No. 3. Being aggrieved, the appellants are before this Court. The appellant No. 1 is the wife of the deceased Sh. Swapan Chakraborty, while the appellant No. 2 is her minor son. The appellant No. 3 is the mother of the deceased.