- (1.) This appeal, filed by the claimant, is against a judgment and award dated 7th March, 2002 passed by the Motor Accident Claims Tribunal/Additional District Judge, 2nd Court, Malda in an application under Section 163A of the Motor Vehicles Act being MACC No.101 of 2001 whereby the learned Tribunal has awarded lumpsum compensation of Rs.50,000/- plus Rs.9,500/- for loss of consortium, loss of estate and funeral expenses respectively on account of death of the husband of the claimant, Sakla Besra.
(2.) Section 163A of the Motor Vehicles Act, 1988 provides that notwithstanding anything contained in the said Act or in any other law for the time being in force, or any instrument having in force of law, the owner of the motor vehicle or the authorized insurer would be liable to pay, in the case of death or permanent disablement due to accident arising out of the use of the motor vehicle, compensation, as indicated in the Second Schedule, to the legal heirs of the deceased or the victim, as the case may be. Section 163A(2) provides that in any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or vehicles concerned or of any other person.
(3.) Considering the evidence on record, the learned Tribunal found and rightly, that the husband of the appellant claimant had been killed in an accident arising out of use of the motor vehicle WB02A/0398 on 19th May, 2001 and that the said vehicle was covered by a policy of insurance issued by the respondent insurer, New India Assurance Company Limited.;