STATE OF TRIPURA Vs. BELA

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act (hereinafter referred to as the 'm. V. Act') is directed against the Judgment and Award dated 24. 02. 1999 passed by the Motor Accident Claims Tribunal, West Tripura, Agartala in T. S. (MAC) 194 of 1994.

(2.) BY the said judgment, a compensation amounting to Rs. 4,80,000/- along with interest @ 12% per annum was awarded in favour of the claimants with effect from 26. 08. 1994.

(3.) ON 24. 12. 1992 at about 10:45 hours, while Sukumar Das (hereinafter referred to as 'deceased'), who was husband of the claimant No. 1 and son of the claimant No. 2, was travelling in vehicle No. TR. 01-0315, sustained injury due to rash and negligent driving of the said vehicle and firing of the extremist. The deceased Sukumar Das was brought to the G. B. Hospital for treatment and he succumbed to the injuries on 11. 01. 1993. Accordingly, the claimants i. e. the widow and the mother of the deceased aforesaid preferred a claim under Section 166 of the M. V. Act, claiming compensation for the death of the deceased due to rash and negligent driving of the said vehicle. It was claimed that the monthly income of the deceased, who was 42 years was Rs. 6,000/- per month. The claim was made against the State of Tripura represented by the Chief Secretary and the Director of Fisheries, Government of Tripura, who were made party respondent Nos. 1 and 2 respectively. The said respondents contested the claim by filing written statement. Denying the allegation of rash and negligent driving of the vehicle, the contesting respondents denied their liability to pay the compensation as claimed for. The claimants examined three witnesses, whereas the respondent side examined one defence witness. The maintainability of the claim was also challenged on the ground that the claimant No. 1 i. e. the widow, having undergone remarriage was not entitled to get any compensation.