CHITRA REKHA DEVI Vs. SANTI DEVI

JUDGEMENT

(1.) HEARD . This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the owner of the Tata 407 model bus (BER 9732), against the judgment and award dated 8.10.1999, passed by the Additional Motor Vehicle Accident Claims Tribunal, Koderra, in Claim Case No. 193 of 1990. The appeal was filed on 27.2.2002, whereas limitation had already expired on 16.2.2000. For the reason stated in LA. No. 432 of 2003 at flag 'A', filed under Section 5 read with Section 14 of the Limitation Act, 1963, the delay in filing the appeal is condoned.

(2.) LAXMI Saw, aged about 28 years, died on 24.9.1990, when the said vehicle TATA 407 model bus (BER 9732) turned turtle. The Tribunal assessed a sum of Rs. 1,87,000/- payable as compensation under the Act to the claimant, under Section 168 of the Motor Vehicles Act, 1988 and the Tribunal directed the owner of the vehicle to pay the same. Although it was pleaded that the said bus was duly insured with the National Insurance Company Ltd. at the relevant time and the policy number was also disclosed and the Insurance Company was made a party, but unfortunately the owner of the vehicle could not produce the original insurance policy. Insurance Company did not deny the fact that the vehicle in question was duly insured with them. They also failed to produce the carbon copy of the policy, which was with them. Hence, in such circumstance, the Tribunal directed the owner of the vehicle to pay the compensation amount.

(3.) SO far as the rate of interest granted by the Tribunal is concerned, the same is reduced from 12% to 9% on the ratio of the decision of the Apex Court in Smt. Kaushnumma Begum and Ors. v. The New India Assurance Co. Ltd. and Ors. I (2001) ACC 151 (SC) : 2001 (1) JLJR 322 (SC).