Satish Mondal alias Satish Mandol v. Bidyasagar Murmu
2010-01-08
M.Y.EQBAL, PRADEEP KUMAR
body2010
DigiLaw.ai
Order Heard Mr. Mehta, learned counsel appearing for the appellant-owner of Dumpher, who has assailed the impugned judgment and award passed by Motor Accident Claims Tribunal, Jamtara in M.A.CT Case No. 6 of 2006. 2. At the very outset, we must mention here that the appellant had the courage to ply the Dumpher on the road without obtaining any Insurance Policy. 3. Be that as it may, the deceased was hit by the .said Dumper bearing Registration No. URB 1030 being driven rashly and negligently. Although the appellant denied the factum of accident by the said vehicle but neither the owner nor the Insurer has examined any witnesses. On the contrary six witnesses were examined by the claimants who have stated that the accident was caused by the said vehicle. Not only that, vehicle was seized and the same was got released by the Chief Judicial Magistrate, Jamtara. 4. Hence, the finding recorded by the Tribunal needs n0 interference. 5. Mr. Mehta, learned counsel appearing for the appellant-owner also assailed the quantum of compensation assessed by the Tribunal. 6. Admittedly the deceased was aged about 50 years and ac'cording to the claimants he was earning Rs.4,000/- per month. The Tribunal has awarded only a sum of Rs.3,29,000/-. 7. Even assuming that the award is on the higher side, having regard to the fact that the owner was plying the vehicle without any Insurance Policy, we are not inclined to interfere with the award. This appeal is dismissed.