IMPORTANT POINT
The court established that under Section 163A of the Motor Vehicles Act, claimants are entitled to fixed compensation in fatal accidents without proving negligence.

JUDGMENT :

AJAY KUMAR GUPTA, J.

1. Two appeals being FMA 159 of 2017 and FMAT 1272 of 2016 have been filed by two different sets of appellants against the self-same judgment and award dated 15th July, 2016 passed in MAC Case No. 253 of 2013 and MAC Case No. 254 of 2013 respectively by the learned Additional District & Sessions Judge, 3rd Court-cum-Learned Judge, MAC Tribunal Court, Hooghly, Sadar, thereby the learned Tribunal Judge dismissed both the claim cases on contest against respondent/insurance company without any order as to cost. The learned Tribunal has given liberty to the claimants to file MAC case against the owner of the trekker being registration no. WB-19-3703 or the insurance company of the trekker, if any, with a prayer for compensation.

2. The other appeal being FMA 1530 of 2017 has been filed by the Shriram General Insurance Company against the judgment and awarded dated 7th May, 2016 passed by the learned Additional District & Sessions Judge, 1st Court, Hooghly-cum-learned Judge, Motor Accident Claims Tribunal in MAC Case No. 252 of 2013 thereby the learned Tribunal Judge allowed the case ex parte against the owner and on contest against the respondent/insurance company with costs. The learned Tribunal awarded a sum of Rs. 4,17,500/-with simple interest @ 6% per annum over the amount from the date of filing of the case till the final realization of the compensation amount so awarded.

3. All the three appeals have been filed against the same vehicle and insurance company since all the appeals arise from the self-same accident, which was occurred on 19.08.2013 at about 8.30 pm on Durgapur Express Highway Road at Amira More, under Dadpur P.S. where several persons were died. Prior to the said accident, one trekker being registration No. WB-19-3703 along with other 15/16 persons going towards Singur and when it reached at the above noted place, at that time, same bound stationary truck being registration no. AP-16TW-6254 (Lorry) was standing by the side of the road without observing traffic rules and regulations and by putting on back light of the said truck, as a result the said driver of the trekker being understood the running vehicle dashed against the back-side of the said truck. As a result, the accident took place and several passengers of the said trekker were received severe injuries on their persons and immediately they were removed to Chinsurah Imambara Sadar Hospital where the deceased Bharati Ghosh, Kanai Ch. Ghosh and Tarun Kr. Ghosh died in the same hospital after a while. A specific criminal case was registered at Dadpur P.S. being Case No. 130/2013 dated 20.08.2013 u/s 279/337/338/304A/427 of the IPC against the driver of the offending vehicle. Due to sudden demise of the victims, the appellants being legal heirs and representatives herein suffered a great loss and they have filed claim case under Section 163A of the Motor Vehicles Act, 1988 for compensation. Out of these three aforesaid MAC cases, one case has been allowed by the learned Tribunal awarding a compensation to the tune of Rs. 4,17,500/-along with simple interest @ 6% per annum over the compensation amount from the date of filing of the case till full realization. Barring the aforesaid case, other two claim cases have been dismissed on contest.

4. It is relevant to mention here that out of the above three appeals, one appeal being FMA 1530 of 2017 was allowed by a Co-ordinate Bench of this Court vide judgment and order dated 18.01.2024 thereby awarded a sum of Rs. 4,41,500/-in favour of the respondents. The said amount should be borne by owner or Insurance Company of both the vehicles as both vehicles were involved in the said accident in equal share. The Coordinate Bench also directed the appellant i.e. Shriram General Insurance Company Limited to recover the 50% of the compensation from the owner or the insurer of the tracker bearing no. WB-19/3703 through a separate proceeding before the appropriate forum. Accordingly, there is no n