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2007 DIGILAW 37 (AP)

RADHA RANI DEY v. NATIONAL INSURANCE COMPANY LIMITED

2007-01-10

MANIK MOHAN SARKAR, SUBHRO KAMAL MUKHERJEE

body2007
S. R. MUKHERJEE AND M. M. SARKAR, JJ. ( 1 ) THIS is an appeal arising out of an award passed by the learned Judge, Motor Accident claims Tribunal, Second Court, Howrah in m. A. C. Case no. 59 of 1990. ( 2 ) BY the award impugned the learned member of the Tribunal dismissed the claim petition on contest, but without any order as to costs. ( 3 ) ONE Gurupada De was knocked down by a bus bearing registration No. WGB-2920 on 2-10-1989. Gurupada was the owner of a rice mill and it is contended that he was earning about Rs. 1,500/- per month. His wife for self and two minor children, filed the claim petition asking for Rs. 1,50,000/-in total. F. I. R. was lodged by the wife of gurupada, immediately after the accident, police held investigation and found that actually the registration number of the offending vehicle was WGB-2920 and, accordingly, filed the charge sheet against the accused persons. ( 4 ) IT is not disputed before us that there was a proceeding under Section 140 of the motor Vehicles Act, 1988 and the claimants received Rs. 25,000/- from the Insurance company on no fault basis. ( 5 ) UNFORTUNATELY, the widow of the deceased, who has been admittedly a rustic village woman, could not correctly state the registration number in course of her deposition although the claim petition was amended and the vehicle number was corrected as WGB-2920. ( 6 ) SINCE the deposition of the claimant was not satisfactory, the Tribunal below rejected the claim petition, inter alia, holding that it was motor vehicle No. WBU-2920, which caused the accident and not WGB-2920. ( 7 ) IT is submitted that the owner of the motor vehicle bearing registration No. WBU-2920 is a different person whereas the owner of the motor vehicle bearing no. WBG-2920 was Sk. Shajahan Mondal. ( 8 ) FROM the materials on record, particularly Ext. 2 being the certified copy of the charge sheet in G. R. Case No. 597 of 1989, it appears that WGB-2920 was the offending vehicle and WBU-2920 was never involved in the accident. ( 9 ) THE vehicle bearing registration No. WGB-2920 was insured by the National insurance Company Limited Sk. Shajahan mondal has been the owner of the offending vehicle. ( 9 ) THE vehicle bearing registration No. WGB-2920 was insured by the National insurance Company Limited Sk. Shajahan mondal has been the owner of the offending vehicle. ( 10 ) THE claim petition was mistakenly filed mentioning registration number of the offending vehicle as WBU-2920, which was corrected, after the charge sheet was filed and it was, inter alia, found by the investigating authority that it was vehicle no. WGB-2920, which has caused the accident. ( 11 ) THE statement of the widow in her deposition is nothing, but her slip of tongue. We must bear in mind that a rustic village woman was deposing in a Court of Law; she was not accustomed with such atmosphere. ( 12 ) THE learned member of the Tribunal has taken a too technical view in the matter and rejected the claim petition causing injustice to the claimants. ( 13 ) NATIONAL Insurance Company paid rs. 25,000/- to the claimants when the award was passed under Section 140 of the motor Vehicles Act thereby they have acknowledged their liability. There is a presumption that the vehicle bearing registration No. WGB-2920, which was insured by the Insurance Company, was involved in the accident. ( 14 ) THE victim was about 40 years of age on the date of accident. He was owner of a rice mill. It is proved that he was earning rs. 1,500/ -. The multiplier of 15 as mentioned in the Second Schedule of the Motor Vehicles act, 1988 is to be applied. Therefore, after giving deduction of one third from his income towards his personal expenses, the compensation payable comes to Rs. 1,80,000/ -. ( 15 ) THE claimants are, also, entitled to rs. 2,000/- as funeral expenses and Rs. 2,500/-as loss of estate. As the claimant No. 1 is the spouse of the victim, she is also entitled to rs. 5,000/- as loss of consortium. ( 16 ) THE claimants have claimed rs. 1,50,000/ -. Already the claimants have received Rs. 25,000/- under Section 140 of the Motor Vehicles Act, 1988. Therefore, we hold that the claimants shall be entitled to rs. 1,25,000/- towards compensation in total, which will be equally distributed amongst the claimants. We feel that ends of justice shall be sub-served if the Insurance company is directed to pay Rs. 1,25,000/- to the claimants. 25,000/- under Section 140 of the Motor Vehicles Act, 1988. Therefore, we hold that the claimants shall be entitled to rs. 1,25,000/- towards compensation in total, which will be equally distributed amongst the claimants. We feel that ends of justice shall be sub-served if the Insurance company is directed to pay Rs. 1,25,000/- to the claimants. ( 17 ) THE claimants will, also, get interest at the simple rate of 6 per cent per annum from the date of filing of the claim petition till the date of actual payment by the Insurance company. ( 18 ) THE appeal is, thus, allowed. The application for compensation is allowed, as aforesaid. We make no order as to costs. The insurance Company is directed to release payment in favour of the claimants be depositing the awarded sum in the Court below within three months from this date. Urgent Xerox certified copy of this order, if applied for. Same be supplied to the parties expeditiously. - .