ANNAPURNA CHOUBEY Vs. ABDUL KHALIQUE

JUDGEMENT

(1.) THIS appeal by the claimants-appellants is directed against the judgment and award dated 21. 2. 1998 passed by the Motor Accidents Claims tribunal, Pakur in Title (Claims) Suit No. 12 of 1991 whereby the Tribunal awarded a sum of Rs. 51,000 only for the death of one Manish Kumar Choubey alias Pintu, a boy aged 13 years. Claimants-appellants are the parents of the deceased.

(2.) THE facts of the case, inter alia, are that the deceased Manish Kumar Choubey alias Pintu was a student of class IX in Harindanga High School, Pakur. On 14. 4. 1991 he was run over by a truck bearing registration No. WB 65-0597 being driven rashly and negligently. The vehicle was insured with the respondent New India assurance Co. Ltd. , Bhagalpur Branch. Respondents appeared and contested the case. The respondent insurance company took the plea that the truck bearing registration No. WB 65-0597 was not insured rather truck No. BHG 9230 was insured with the insurance company. The owner of the vehicle took the stand that the vehicle was insured with the respondent New India assurance Co. Ltd.

(3.) THE Tribunal after hearing the parties passed the impugned judgment and award and held that the claimants are entitled to compensation for death of the deceased. However, the Tribunal took the view that since the owner of the vehicle failed to produce the certificate of registration of vehicle, route permit and original insurance policy, the compensation amount is to be paid by the respondent owner of the vehicle. Accordingly, the Tribunal awarded a sum of Rs. 51,000 as compensation and directed the respondent owner of the vehicle for payment of the said amount.