BHARAT MALI Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) THE claimants -appellants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) against the judgment and award dated 24.07.2004 and 6.08.2004 respectively passed by the Motor Accident Claims Tribunal -cum -Additional District Judge -5, Gaya in Motor Accident Claim Case No.26/98/39/98 by which the insurer -respondent nos. 1 to 3 have been directed to pay compensation of Rs.80,000/ - to the claimants. However, the claimants have already received Rs.60,997/ - by way of interim compensation, as such, the insurer -respondent nos. 1 to 3 have been directed to pay the balance amount of Rs.19,000/ - with interest @ 6% per annum from the date of filing of the claim petition till its realization.

(2.) THE appellants filed the aforesaid Motor Accident Claims Case No.26/98/39/98 under Section 166 of the Act for grant of compensation to the tune of Rs.5,05,000/ - due to death of their son Dipak Mali, aged about 14 years due to rash and negligent driving of the truck bearing registration no.BR -2G -0261 causing his death on the spot. It was claimed that the deceased used to earn Rs.2000/ -per month by selling flowers. The respondent nos. (4A) to ( (D) are owners of the vehicle and respondent nos. 1 to 3 are the insurer of the vehicle. The respondent nos. 1 to 3 (Insurer) filed their written statement and contended that the claim petition as framed is not maintainable and the claim has been denied. The owner and driver of the vehicle filed their joint written statement denying the claim of the claimants. The driver had valid driving licence. The vehicle was insured by the Insurance Company and the liability if any is on the insurer to pay the amount of compensation.

(3.) AFTER hearing both the parties, the learned Tribunal has passed the impugned order as aforesaid.