ORIENTAL INSURANCE CO. LTD. Vs. BENU KAMAKAR

JUDGEMENT

(1.) This Misc. Appeal has been preferred by the appellant against the judgment and award dated 2.8.2006 passed by Learned Addl. Judl. Commissioner cum Motor Accident Claims Tribunal, Ranchi, in connection with Claim case no 72 of 1996 whereby claimants respondents no.1 to 4 have been directed to be paid compensation to the tune of Rs 5,22,000/- with simple interest at the rate of 6% per annum from 6.12.2003 till the date of actual payment. The tribunal has further directed to distribute the awarded amount and directed the appellant to pay four separate cheques in the name of respective claimants, according to their shares, within sixty days from the date of said judgment. The said compensation amount is subject to deduction of ad interim compensation already paid to the claimants. The appellant has been permitted to recover the said amount from the vehicle owner .

(2.) According to the claim application filed by the respondents no.1 to 4, facts of the case, in brief, is that on 25.2.1988, the deceased Mantulal Karmakar, husband of respondent no.1, met with an accident near Urdu Library, Main Road Ranchi. The offending vehicle bearing registration no. BPV 9019 caused dash to said Mantu Lal Karmakar as a result of which, he sustained injuries and was removed to Sadar Hospital, Ranchi, and from there to Nagarmul Modi Sewa Sadan where he died on 01.03.1988. The matter was reported to Hindpirhi Police Station where-after Hindpirhi PS No. 129 of 1988 dated 25.2.1988 under section 279/337 IPC was registered. The Police after due investigation submitted charge sheet no 29 of 1988 dated 12.5.1988 ( GR No. 548 of 1988) under sections 279/338 IPC. Smt Benu Karmakar, widow of late Mantulal Karmakar for herself and on behalf of her three minor daughters ( respondents no. 2 to 4) filed a petition dated 10.6.1996 under section 140 of the Motor Vehicles Act, which was registered as Compensation Case No. 72 of 1996, for getting ad interim relief of Rs.50,000/- ( rupees fifty thousand ) on the ground of no fault liability keeping further right to file petition under section 166 of the Motor Vehicles Act. According to the said petition, deceased M.L Karmakar sustained multiple injuries in a road accident which occurred on the Main Road, Ranchi, on 25.2.1988 due to dash caused by the offending vehicle bearing registration no. BPV 9019. The driver of the offending vehicle as well as the insurer were made opposite parties no.1 and 2 in the said petition. During pendency of the said petition, on 4.1.2000, respondent claimants 1 to 4 filed another petition under section 166 of the Motor Vehicles Act for grant of compensation to the extent of rupees five lakhs. It was contended that the deceased was an employee of the Heavy Engineering Corporation (HEC) Ltd. and at the time of his death, he was aged about 33 years.

(3.) Learned Tribunal after considering the pleadings, framed issues, admitted documents and recorded the evidence produced and adduced on behalf of both sides and finally passed the impugned award as indicated above and hence this appeal.