AMBIKA CHARAN CHOUDHARY Vs. DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This is an appeal filed by the claimants in a motor accident claim case for enhancement of the amount of compensation awarded by the Motor Accidents Claims Tribunal. In the case in hand, the impugned judgment and order dated 16.3.2000 has been passed by the Member, M.A.C.T., Bongaigaon in M.A.C. Case No. 62 of 1996. It is this judgment and order which is in challenge in the present appeal.

(2.) We have heard Mr. G. Soren, learned counsel for the appellants, Mr. S.S. Sarma, learned counsel for the respondent No. 1 and Mr. B. Buragohain, learned counsel for the respondent No. 2. None has appeared for the respondent No. 3.

(3.) The present appellants as the heirs and legal representatives of the deceased Khanindra Narayan Choudhury. They filed a claim application before the Motor Accidents Claims Tribunal, Bongaigaon praying for compensation of an amount of Rs. 14,00,000 for the death of the said Khanindra Narayan Choudhury in a motor accident on 2.4.1996 on the 31 National Highway at Kukurmari under Dhaligaon Police Station, District Bongaigaon. In the said application the present respondents were arrayed as the opposite parties. The appellants/applicants therein disclosed that the age of the deceased at the time of his death was 34 years and that he was in service with Bongaigaon Refinery and Petrochemical Ltd., Assam, having a monthly income of Rs. 5,198. In the said application the appellants categorically mentioned that the accident took place due to rash and negligent driving of the driver of the vehicle No, ASU 4285 (city bus), which suddenly knocked down the deceased from behind who was coming in scooter along with his wife by the left side of the road. It was further mentioned that as a result of the accident both the deceased and his wife, suffered serious injuries resulting in their instantaneous death at the spot. The applicants further furnished the names and the particulars of the owner and driver of the offending vehicle ASU 4285 and in fact impleaded them as opposite party Nos. 2 and 3 in the proceedings. It was further disclosed in the said application that the vehicle ASU 4285 was at the relevant time insured with National Insurance Co. Ltd., Bongaigaon Divisional Office, Bongaigaon, Assam. It may be relevant to mention here that the application was filed by the present appellant Nos. 1 and 2 who were the parents of the deceased for themselves as well as on behalf of the appellant Nos. 3, 4, 5, 6 and 7, the sons and daughters of the deceased, who at the relevant time were all minors. It appears from the said application that it was also filed by the brothers and sisters of the deceased.