THE MANAGER, ICICI LOMBARD GENERAL INSURANCE, HAVING ITS BRANCH OFFICE AT 3RD FLOOR, GANESHYAN BUILDING, SEVOKE ROAD, SILIGURI Vs. MEENA TAMANG (CHETTRI)

JUDGEMENT

(1.) The instant Appeal, under provisions of Sec. 173 of the Motor Vehicles Act, 1988 (for short MVA ), is directed against the Judgment and Award dated 11.03.2016 rendered by the Motor Accidents Claims Tribunal (for short the Tribunal ), East District at Gangtok, East Sikkim, in MACT Case No.11 of 2015, whereby and where under the Appellant/Insurer was directed to pay Rs. 62,78,312.00 (Rupees Sixty Two lakhs Seventy Eight thousand Three hundred and Twelve) only with interest @ 10% per annum, from the date of filing of the Claim Petition i.e. 05.05.2015, till its full realisation, to the claimants (the Respondents herein)/legal heirs of the deceased.

(2.) One Mr. Arjun Singh Kharka, while driving personal car (Make: Maruti Alto) bearing Registration No. SK-01P/2582 from Pangthang, East Sikkim to his home at Lingmoo, South Sikkim, met with an accident on 04.02.2015 presumably between 9 p.m. to 12 midnight, leading to falling of the said vehicle 200 feet below. Mr. Kharka succumbed to the injuries sustained in the accident leaving behind his widow, namely Mrs. Meena Tamang and minor son, Master Amann Kharka. He was working as Lance Naik in Sikkim Armed Police, drawing a monthly salary of Rs. 31,736.00 (Rupees Thirty One thousand Seven hundred and Thirty Six) only. The widow and minor son filed the instant complaint case seeking compensation to the tune of Rs. 70,87,476.00 (Rupees Seventy lakhs Eighty Seven thousand Four hundred and Seventy Six) only under provisions of Sec. 166 of MVA.

(3.) The question, which arose for consideration before the Tribunal, was as to whether the claimants were entitled to the compensation claimed by them and if so, who was liable to pay the compensation, as Mr. Kharka was the owner of the vehicle and insured for indemnification of the liability to the third party. The Tribunal examined the case from all angles and determined the compensation as under: