THE NEW INDIA ASSURANCE COMPANY LIMITED Vs. SMTI ARATI DAS, WIFE OF LATE AJIT DAS AND ORS.
HIGH COURT TRIPURA
The New India Assurance Company Limited
Smti Arati Das, Wife Of Late Ajit Das And Ors.
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(1.) This is an appeal under Section 173 of the Motor Vehicles Act from the judgment and award dated 25.11.2013 delivered in T.S.(MAC) 240 of 2011 by the Motor Accident Claims Tribunal, West Tripura, Agartala.
(2.) By means of this appeal, the appellant, New India Assurance Company Limited has raised a solitary ground of objection that the claimant-respondents, for death of the owner and driver of the vehicle No.TR-01-J-1579 (G.C. Max) namely Ajit Das are not entitled to get any compensation by virtue of the Insurance Policy.
(3.) The facts relating to the accident are not in dispute. Ajit Das, the victim while driving his vehicle bearing registration No.TR-01-J-1579 from Lembucherra Bazar to his destination at Bamutia, he met an accident and received serious injuries. He was immediately shifted to the GBP hospital and he was declared dead by the attending Medical Officer. The legal heirs of Ajit Das, since deceased, filed a claim petition under Section 163A of the Motor Vehicle Act for compensation for the death of Ajit Das, in the said accident that occurred on 27.04.2011 at a place near Lembucherra. According to the claimant-respondents, Ajit Das died at the age of 40(forty) years having his monthly income at Rs. 3,000/-. As such they claimed a sum of Rs. 12,75,000/- under Section 163A of the Motor Vehicle Act. It surfaces from the records that by the order dated 10.05.2013, the claim petition was amended reducing the monthly income of the deceased to Rs. 3,000/- from 10,000/-., it appears that in order to sustain the application under Section 163A of the Motor Vehicle Act, 1988 the said amendment was carried out. The tribunal should have been liberal allowing the claimant-respondents to carry out such amendment. However, even in the appeal no challenge has been projected to question such amendment.;
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