KAMALA KANTA SAIKIA Vs. BINDO URANG

JUDGEMENT

(1.) A motor accident took place on 21.12.1982 on the National Highway about three miles east of Dhekiajuli town. One Kuleswar Urang, aged about 8 years, got involved in the accident and expired on the next day at Tezpur Civil Hospital. A claim of Rs. 2 lakhs was advanced by the mother of the deceased. The claim petition was preferred only against the owner and driver of the vehicle as the name of the insurer was not known to the claimant. It is because of this that the opposite parties were asked to furnish the name of the insurer. The same was, however, not done and, ultimately, the case was taken up ex part. On being satisfied about the making out of prima facie case, the learned Tribunal stated that claimant was from a lower middle class family, a reduced sum of Rs. 1 lakh will meet the ends of justice and, accordingly, awarded that amount as compensation. This appeal has been preferred by the owner and driver of the vehicle who were arrayed as opposite parties before the learned Tribunal.

(2.) WHEN a prayer was made to stay the execution of the award, this court had ordered on 15.10.1985 to deposit a sum of Rs. 25,000/-whereupon it was ordered that the execution would remain stayed. It is, however, stated by Mr. Bhattacharjee who has appeared for the claimants that the sum of Rs. 25,000/- has not yet been paid.

(3.) IN the result, the appeal is partly allowed.