Decided on May 17,2010

M K Subba Respondents


- (1.) This is an appeal filed by the appellants, Branch Manager, Oriental Insurance Co. Ltd., under section 173 of Motor Vehicles Act, 1988, assailing the judgment passed by the Member, Motor Accidents Claims Tribunal, East & North Sikkim at Gangtok in M.A.C.T. Case No. 17 of 2006 dated 19.12.2008 by which the claimants were awarded Rs. 23,16,700 as compensation for the death of the deceased in a motor vehicle accident.
(2.) The brief facts of the case are that the claimant No. 1, M.K. Subba and his wife the deceased Rajani Tamang and their children, who are the claimant Nos. 2 and 3 herein, had travelled together with the family of the deceased Buddha Tamang (Moktan) consisting of his wife deceased late Hem Kumari Lama (Moktan) and the daughter-in-law Shrijana Pradhan to Delhi where they reached on 30.12.2005. On reaching Delhi, the deceased Buddha Tamang (Moktan) requested his acquaintance Daya Chand and his wife Kanta for the use of their private vehicle (Toyota Qualis) bearing registration No. DL 3 C-S 3965 on 31.12.2005 at Delhi and on to Jaipur on 1.1.2006. The said vehicle was registered in the name of Kanta, wife of the said Daya Chand. On 2.1.2006 when the deceased Rajani Tamang accompanied by her hus-band the claimant respondent No. 1, and the family of the deceased Buddha Tamang (Moktan) were returning to Delhi from Jaipur, the vehicle Toyota Qualis in which they were travelling met with an accident near Manesar, District Gurgaon, Haryana, at about 5/5.30 p.m. due to over-speeding and rash and negligent driving of the driver. In the accident, the deceased sustained severe chest injuries resulting in her going into hypovolaemic shock. The local persons who had gathered at the place of accident evacuated the injured persons including the claimant No. 1 to Pushpanjali Hospital situated at John Hall Road, Civil Lines, Gurgaon-11, in the same evening where the deceased was put on a ventilator. On 3.1.2006, the deceased suffered a sudden cardiopulmonary arrest from which she could not recover and died. Manesar Po-lice Station (Gurgaon, Haryana) registered Case No. 2 of 2006 dated 3.1.2006 under section 279/337/304-A, Indian Penal Code against the driver of the vehicle. It may be stated here that the deceased Buddha Tamang (Moktan) and his wife deceased Hem Kumari Lama (Moktan) also died in the accident regarding which separate claim petitions were filed by their legal repre-sentatives and are the subject matters of M.A.C. Appeal No. 4 of 2009 and M.A.C. Appeal No. 5 of 2009 respectively. There-fore, although they are not being dealt with here, the findings and the result of this appeal shall have a direct bearing on the final outcome of those appeals in consid-eration of which all the three appeals had been heard together.
(3.) Respondents-claimants in the present case later filed an application under sec-tion 166 of the Motor Vehicles Act, 1988, for award of compensation for the death of the deceased. The claimant Nos. 1, 2 and 3 are the husband and daughters of the deceased respectively who are the respond-ent Nos. 1, 2 and 3 in the present appeal. The deceased at the time of her death was stated to have been drawing a salary of Rs. 20,258 being employed under the Food Security & Agricultural Development De-partment, Soil and Water Conservation (East), Government of Sikkim.;

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