MUNICIPAL COMMISSIONER, GANGTOK MUNICIPAL CORPORATION Vs. PABITRA SINGH KAMI, WIFE OF LATE H K BISWAKARMA

JUDGEMENT

(1.) The learned Motor Accidents Claims Tribunal, East Sikkim at Gangtok (hereinafter "learned Tribunal") vide the impugned Judgment dated 28.07.2017, in MACT Case No. 27 of 2016 (Mrs. Pabitra Singh Kami and Another v. Municipal Commissioner, Gangtok Municipal Corporation and Others) directed payment of compensation of Rs.17,29,380/- (Rupees seventeen lakhs, twenty nine thousand, three hundred and eighty) only, to the Respondents No. 1 and 2 (Claimants No. 1 and 2 before the learned Tribunal) by the Appellant No. 1 (Opposite Party No. 1 before the learned Tribunal) along with interest fixed thereon. Aggrieved thereof the Appellants No. 1 and 2 are before this Court.

(2.) A motor vehicle accident occurred on 04.07.2015 at a place known as "32 Number," whereby a commercial vehicle bearing No. WB-76-7946 (Tata Sumo, Gold), driven by the deceased from Gangtok to Siliguri, allegedly hit a parapet and a telephone pole on the left side of the road and was thereafter struck from behind by the Truck bearing No. SK-01-D-2807, driven by the Appellant No. 2 (Opposite Party No. 2 before the learned Tribunal). This caused the Sumo to careen off about 100 feet below the road, leading to the instantaneous death of the deceased. Respondent No. 1, wife of the deceased and Respondent No. 2, his daughter claimed compensation of Rs.20,04,386/- (Rupees twenty lakhs, four thousand, three hundred and eighty six) only.

(3.) Before the learned Tribunal, the Appellants No. 1 and 2 (Opposite Parties No. 1 and 2, therein) vehemently denied the claims of the Respondents and averred that the accident occurred solely on account of the fault of the deceased. Neither was the vehicle of the Appellant No. 1 involved in the alleged accident nor was the Appellant No. 2 responsible for rash and negligent driving or the death of the deceased.