DIVISIONAL MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD. Vs. MITA DEY

JUDGEMENT

(1.) Heard Mr. Samar Das, learned counsel appearing for the appellant- Insurance company. Also heard Mr. Sankar Lodh, learned counsel appearing for the respondent-claimants

(2.) The story in brief is that on 5/1/2020, the victim was proceeding towards his house from G.B. Bazar, Agartala by riding his motorcycle bearing registration no.TR-01-AJ-7206 and on the way at about 1700 hours when he reached at Nandan Nagar near Half Quarter on G.B. Bazar-Nandan Nagar Road, one scooty bearing registration No.TR-01-AH-7558 which was coming from opposite direction with high speed being driven rashly and negligently by its rider suddenly dashed the motorcycle. As a result, the victim sustained grievous bleeding injuries on his chest, left upper limb and other parts of his body. Immediately after the accident he was shifted to AGMC and GBP Hospital by a fire service vehicle but before providing any medical assistance, the injured succumbed to his injuries. Thereafter, post mortem examination was also done over the dead body of the deceased. Concerning the accident, a police case was also registered with the New Capital Complex Police Station vide NCC P.S. Case No.08 of 2020 under Ss. 279/ 304(A) of I.P.C. and Ss. 184 and 187 of M.V. Act, 1988. It was stated that at the time of death, deceased was 33 years old and he was a mason by profession and by doing this professional work, deceased used to earn Rs.16,000.00, per month.

(3.) On perusal of the record and after hearing the learned counsel appearing for both the parties, the learned Court below passed the award in the following manner :- O-R=DE=R It is, therefore, held that the claimant petitioners are entitled to get compensation of Rs.26,28,200.00 (Rupees twenty six lakh twenty eight thousand two hundred only) with interest @ 7% per annum with effect from 13/3/2020 i.e. the date of filing of the claim petition till the date of actual payment. The opposite party No.2 i.e. The Divisional Manager, Reliance General Insurance Company Ltd. will pay the amount of compensation with interest within 30 days from today in terms of Sec. 168(3) of M.V. Act, 1988. Out of the awarded amount of compensation inclusive of interest, the claimant petitioner no.1 will get 40% and the claimant petitioners no.2, 3 and 4 will get 20% each. Out of the respective share of the claimant petitioners no.1, 2, 3 and 4, 50% each of their respective share shall be kept in fixed deposit scheme in their respective name with any Nationalized Bank of their locality for a period of five years, each and the remaining 50% of their respective share shall be paid to them through their respective bank account. The claimant petitioners no.1, 2, 3 and 4 shall, however, be at liberty to withdraw monthly interest from their respective fixed deposit account to meet their day to day expenses. No loan or withdrawal shall be permitted from/against any of the fixed deposit certificates without prior permission of this Tribunal. Supply copy of this award free of cost to the parties. The claim petition stands disposed of on contest. Enter the result in the relevant Register as well as in the CIS..."