SUNIL KUMAR GIRI Vs. RAM DULARI DEVI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 24.5.2006 passed by Additional Motor Vehicles Accident Claims Tribunal, Giridih in M.V. Claim Case No. 08 of 2003 whereby he has dismissed the claim petition holding that the compensation amount has been received by the claimants -appellants in full and final settlement of the claim.

(2.) THE facts of the case lie in a narrow compass : The deceased Sweta Giri, wife of Sunil Kumar Giri and Sunita Bharti, wife of Subhash Bharti were dashed by the offending vehicle and died. The deceased Sunita Bharti was the sister of Sunil Kumar Giri. Two claim petitions were filed, one by the present appellants, Sunil Kumar Giri along with his two sons and daughter being; Claim Case No. 08 of 2003 claiming compensation for the death of his wife. Another case being Claim Case No. 51 of 2003 was filed by Subhash Bharti claiming compensation for the death of his wife - Sunita Bharti. Sunita Bharti was the sister of Sunil Kumar Giri. In both claim cases, written statements were filed by the owner of the offending vehicle stating, inter alia, that these claim cases are not maintainable as because claim has been finally settled at Rs. 2,25,000/ - and Sunil Kumar Giri received the compensation amount and granted discharge receipt on non -judicial stamp paper. It was stated in the written statement that the vehicle was duly insured with the Insurance Company and therefore, the owner of the vehicle has no liability for payment of compensation.

(3.) THE tribunal recorded specific finding which in supported by conclusive evidence that a sum of Rs. 2,25,000/ - was received by the claimant Sunil Kumar Giri in full & final settlement of the claim for the death of his wife and also the sister. In our view, the tribunal has come to a right conclusion that Sunil Kumar Giri was not entitled to receive the amount in full and final settlement of claim for the death of his sister and therefore, the tribunal held that it would be deemed that Sunil Kumar Giri compromised only claim Case No. 08 United India Insurance Co.Ltd. Versus Vimal Narayanrao Nandanwar of 2003 in which he was the claimant along with his minor children. The tribunal therefore, proceeded to decide the claim for payment of compensation in respect of Claim Case No. 51 of 2003.