NATIONAL INSURANCE CO LTD Vs. FAIRUN NESSA

JUDGEMENT

(1.) Heard Mr. A.J. Saikia, the learned counsel for the appellant as well as Mr. S.D. Purakayatha, the learned counsel for the respondent Nos. 1 to 8.

(2.) This is an appeal against the Judgment dated 08.11.2012 passed by the learned Member, Motor Accident Claims Tribunal (the Tribunal), Cachar, Silchar in MAC Case No. 226/2010 awarding the claimants a sum of Rs. 9,38,560/- alongwith interest @ 9% per annum as compensation for the death of Moin Mia, who is the husband of the first claimant, son of the second and third claimant, father of the claimant Nos. 4, 6 and 8 and also brother of the claimant Nos. 5 and 7.

(3.) Brief facts of the case is that on 27.02.2009, the deceased being the driver of an Oil Tanker bearing Registration No. AS-01 J-5397 insured with the appellant herein was proceeding from Guwahati toward Tripura. As the tanker reached Hilala Railway Gate No. NH 44, it dashed against a tree and fell into a pond causing grievous injury on the person of the deceased. While he was taken to Silchar Medical College and Hospital, he succumbed to injuries. As a result, the claimants filed a claim application under Section 163-A of the Motor Vehicles Act, 1988 (MV Act) before the Tribunal claiming compensation for the death of the deceased. The deceased was said to have earned a sum of Rs. 10,000/- per month as driver of the Oil Tanker and therefore, a sum of Rs. 6,15,000/- was claimed as compensation.