HUKUM CHAND INSURANCE CO LTD Vs. SUBASHINI ROY

JUDGEMENT

(1.) THIS appeal is preferred by the insurer Hukum Chand insurance Co. Ltd. against an award of compensation given by the Motor Accident Claims Tribunal, Howrah, (referred to herein as Claims Tribunal) in favour of the respondent No. 1 on the death of her son in an unfortunate motor accident.

(2.) THE case of petitioner-mother, subashini Roy, briefly is that her son, shanti Gopal Roy, while proceeding on a cycle along Beadon Street from east to west at about 2 P. M. on July 1, 1963 was knocked down by a motor car No. W. B. C. 6471 belonging to respondent no. 2, Khagendra Nath Nundy. The victim was immediately removed to R. G. Kar Hospital where he was declared dead. Shanti Gopal, it is alleged, was an artisan, skilled in manufacture of gold ornaments and looked after the jewellery shop of his father, Sadhu charan Roy. It is further alleged that he could have as independent employee earned Rs. 200/- to Rs. 300/- per month. Shanti Gopal a young man of 24 years died a bachelor leaving the petitioner as his sole heir and legal representative. Accordingly, the petitioner claimed rs. 30,000/- as compensation.

(3.) IN the written defence the owner did not deny either the accident or the death of Shanti Gopal but it was asserted that his car No. W. B. C. 6471 was not involved in the alleged accident and thus he was not liable for any compensation or damages.