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2008 DIGILAW 108 (CAL)

Original Insurance Company Ltd. v. Amina Bibi

2008-01-24

BHASKAR BHATTACHARYA, RUDRENDRA NATH BANERJEE

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Judgment Bhaskar Bhattacharya, J. This appeal is at the instance of the Insurance Company and is directed against the award dated 14th August, 1996 passed by the Motor Accident Claims Tribunal, Malda in M.A.C. Case No.65 of 1989 thereby passing an award of Rs.30,000/- against the owner of the vehicle and the Insurance Company. By the award, the Tribunal asked the owner to pay half of the awarded amount with the direction upon the Insurance Company to pay the balance half. Being dissatisfied, the Insurance Company has come up with the present appeal. It appears from record that on 14th July, 1989, at about 3.00 p.m., while one Bakkar Ali was coming from Farakka to Kaliachak by taxi being no. WGR 2237, it met with an accident with a bus of North Bengal State Transport Corporation being WGT 2511 on the eastern side of Farakka Bridge. The said Bakkar Ali died instantly. At the time of death, Bakkar Ali was aged 24 years and his monthly income was Rs.1150/-. The victim being unmarried, his parents jointly lodged the claim before the Tribunal. The Tribunal on consideration of the materials on record found that it was the bus of the North Bengal State Transport Corporation, which was responsible for the accident, and that there was no fault on the part of the driver of the taxi in which the victim was travelling. In such circumstances, the Tribunal came to the conclusion that as the average age of the parents of the victim was (60+50)/2 = 55 years, so the parents of the deceased were entitled to get benefit up to the age of 60 years i.e. for further 5 years only and accordingly, the claimants were entitled to get Rs.500/- x 12 x 5 = Rs.30,000/- Being dissatisfied, the Insurance Company has come up with the present appeal. After hearing Mr. Das, the learned advocate appearing on behalf of the appellant and after going through the materials on record we find no reason to interfere with the award passed by the Tribunal below at the instance of the Insurance Company. After hearing Mr. Das, the learned advocate appearing on behalf of the appellant and after going through the materials on record we find no reason to interfere with the award passed by the Tribunal below at the instance of the Insurance Company. It is apparent that the vehicle of the North Bengal State Transport Corporation and the Taxi in which the victim was travelling were insured with the appellant and in such circumstances, there was no fault on the part of the Tribunal below in directing both the owner and the Insurance company to jointly bear the paltry amount of Rs.30,000/-. As no appeal has been preferred by the claimants, we have no scope of considering the case of enhancement of the award. We, thus, find no reason to interfere with the award. The appeal, accordingly, is, dismissed. In the facts and circumstances, there will be, however, no order as to costs.