SAHIDULLAH MUNSHI,J. - (1.) This appeal has been filed by the claimants Smt. Rita Poddar, Abatar Poddar and Rakhi Poddar respectively being the widow, minor son and daughter of deceased Ramkrishna Poddar against the judgment and award dated 30th August, 1997, passed by the Additional District Judge, 2nd Court and Judge, Motor Accident Claims Tribunal, Howrah, in M.A.C. Case No. 50 of 1989, passed on the application filed by the claimants under Section 110A of the Motor Vehicles Act, 1939.
(2.) The claim application was filed praying for compensation on account of death of one Ramkrishna Poddar which occurred on 15th December, 1988 due to a motor accident caused by a truck bearing No. WBI-4340. The said truck dashed the victim who was riding a motor cycle bearing No. WMZ-6829. The truck bearing No. WBI-4340 was covered by a policy of insurance issued by the New India Assurance Company limited, the respondent No. 1 herein. It is claimed by the claimants that the deceased was in service of Food Corporation of India and on the day of accident he was aged about 27 years. In support of the income of the deceased the claimants have filed salary certificate of the deceased which shows that he drew a salary of Rs. 2,220/- (Rupees Two Thousand Two Hundred Twenty) only, in the month of November, 1988. The claimants claimed for an award to the extent of Rs. 2,83,495/- (Rupees Two Lakh Eighty Three Thousand Four Hundred Ninety Five) only, on account of compensation for the death of Ramkrishna Poddar.
(3.) The claim application was contested by the New India Assurance Company Limited, the respondent/Insurer, by filing written objection contending, inter alia, that the victim was also responsible owing to his negligence for the accident. It has been mentioned in the written objection that the amount claimed is excessive but with regard to validity of the insurance policy at the relevant time nothing has been mentioned by the Insurer and, therefore, learned Tribunal has held that the validity of the insurance policy has not been denied by the insurance company.;