DIPANKAR DATTA,J. - (1.) The Motor Accident Claims Tribunal, Fast Track, 1st Court, Jalpaiguri by an award dated January 22, 2015, decided MAC Case No. 435 of 2012, which was registered on an application under section 166 of the Motor Vehicles Act, 1988 (hereafter the Act) presented by the claimants. In this appeal under section 173 of the Act, they have called in question such award.
(2.) On August 23, 2012, Barun Kumar Routh (hereafter the victim), the husband of the appellant no. 1 and the father of the minor appellants 2 and 3 (hereafter the appellants), had boarded a bus bearing registration no. WB-71A/0682 from Dinbazar bus stand, Jalpaiguri. While on his way to Maynaguri, the driver of the bus lost control over the same due to his negligence as a result whereof it skidded off the road and turned turtle on the left side. The victim sustained severe injuries on his head and chest with multiple rib fracture and was admitted to Anandalok Hospital, where after he was shifted to Sadar Hospital, Jalpaiguri. There he succumbed to his injuries on September 2, 2012 at about 7 am while undergoing treatment as an indoor patient. The appellants approached the tribunal on the death of the victim on December 19, 2012 by impleading the owner of the bus and its insurer as opposite parties 1 and 2 respectively and claimed compensation in a sum of Rs. 12,00,000/-. It was pleaded in the application that the victim was an ex-army man who, on the date of the accident, used to earn Rs. 4000/- per month for discharging the duty of security guard at Nursing Training School, Sadar Hospital, Jalpaiguri. Being a retired army man, he also used to receive pension of Rs. 10,108/-.
(3.) The claim was not contested by the owner of the bus. The insurer, obtaining leave under section 170 of the Act, contested the claim by filing a written statement wherein the material allegations were denied and disputed. The insurer denied the claim on twin grounds; first, the bus was insured with it and secondly, the accident which took away the life of the victim did not occur due to negligence of the driver of the bus.;