BIBI BORO Vs. JAYANTA GOGOI.

JUDGEMENT

(1.) Heard Mr. M. Talukdar, the learned counsel for the appellant as well as Mr. A.J. Saikia, the learned counsel for the respondent/insurance company (respondent No. 2). None appears for the respondent Nos. 1 and 3, despite notice.

(2.) This is an appeal against the judgment filed by the claimants (hereafter referred to as the appellants) against the judgment dated 24.02.2015 passed by the learned Member, Motor Accident Claims Tribunal, Morigaon (the Tribunal) in MAC Case No. 24/2011 seeking enhancement of the award.

(3.) Brief facts of the case is that on 11.12.2010, the son of the appellants i.e. Shri Manu Boro was coming from Nellie Chariali by TATA DI bearing registration No. AS-01-AC-1914 with the goods of Maitus Company, were he was employed as a labourer. The vehicle on reaching Kumeribori turned turtle. As a result of the accident Shri. Manu Boro sustained grievous injuries and died on the spot. The appellants as parents of Manu Boro filed a claim application before the Motor Accident Claims Tribunal, Morigaon claiming an amount of Rs. 20,00,000/- as compensation for the death of their son. During the claim proceedings, the opposite parties including the respondents/insurance company filed their written statements against the claim. The appellants led evidence by examining appellant No. 1 as the sole claimant witness. The said witness however was not cross-examined by the opposite party. As for the opposite parties, they did not examine any witnesses. Consequently, the Tribunal vide judgment dated 24.02.2015 disposed the claim by awarding a sum of Rs. 3,38,032/- to the appellants as compensation alongwith interest at the rate of 6% per annum from the date of filing of the claim application i.e. 21.02.2011. However, since some error cropped up while calculating the amount of compensation, the appellants filed a miscellaneous application for correcting the application. The same was registered as MJ No. 05/2015. The tribunal upon considering the application vide order dated 02.01.2016 re-calculated the amount of compensation payable to the appellants at Rs. 5,02,048/-. However, the appellants still being dissatisfied with the amount awarded are before this Court through the present appeal.