IMPORTANT POINT
The amendment to Section 163A of the Motor Vehicles Act entitles claimants to a fixed compensation of Rs. 5,00,000 for fatal accidents, with retrospective effect.

JUDGMENT :

Ajay Kumar Gupta, J.

1. This instant First Miscellaneous Appeal has been filed by the appellants/claimants being aggrieved by and dissatisfied with the Judgment and Award dated 16.03.2006 passed by the learned Judge, Motor Accident Claims Tribunal, Fast Track 2nd Court, Burdwan in M.A.C. Case No. 94/585 of 2005/2004, thereby, the learned Tribunal Judge allowed the claim petition in part on contest but without any cost. The petitioners are entitled to award of compensation of Rs. 1, 00,000/-. Out of which the petitioner no. 1, namely, Lakshmi Haldar will get Rs. 34,000/- and the rest of the two petitioners, namely, Sumita Haldar and Purnima Haldar will get Rs. 33,000/-each. The National Insurance Company Limited is directed to pay the entire amount of compensation to the respective petitioners by way of issuing a/c payee cheques in the manner as stated above through the learned Tribunal within 30 days from the date of passing of this order failing which the entire amount shall carry simple interest @ 9 % p.a. till realization in full. The petitioner no. 1, the mother of the minor Sumita Haldar is given liberty to receive the cheque for and on behalf of her minor daughter and she is directed to invest the said share of money on account of her minor daughter separately to any nationalized bank/post office under any long term fixed deposit with a liberty to withdraw the interest as accrued thereon and to spend the same for the purpose of her welfare till she attains majority in an application u/s 163-A of the Motor Vehicles Act, 1988.

2. The fact of the claimants’ case, in brief, is that this M.A.C. case arose out of an application u/s 163A of the M.V. Act as filed by one Lakshmi Haldar and others claiming compensation of Rs. 5, 00,000/- for sudden death of Sanjoy Haldar, which was taken place on 06.11.2004 at 20 hrs near Chakdighi bazaar under P.S. Jamalpur by the offending vehicle bearing No. WB-42G/8437. The victim was proceeding by a motorcycle which was driving by one Kajal Das. When they reached near the place of occurrence, they met with an accident. The deceased fell down and sustained multiple injury and was admitted to SSKM hospital where he died. According to the petitioners, due to such accidental death of the victim their family suffered both pecuniary and non-pecuniary loss. Hence, they have filed this case claiming compensation of Rs. 5, 00,000/-from the Opposite Parties.

3. The opposite party no. 1/Owner of the vehicle did not contest the case. The OP no. 2/National Ins. Co. Ltd. has contested this case by filing written statement as well as petition u/s 170 of the M.V. Act wherein all the material allegations and contentions as made in the petition in respect of mode, manner of accident, age and income of the deceased were denied and disputed. According to the Insurance Company, the claim is inflated, whimsical, abnormal and without any equitable basis and as such the petitioners are not entitled to get the amount as claimed.

4. Parties have adduced evidence before the Learned Tribunal. The case falls under ‘no fault liability.’ The claimants have to prove only the involvement of the offending vehicle and accident in which the victim suffered injury and subsequently succumbed to such injury. After considering the case of the parties as well as appreciation of evidence, the learned Tribunal finally, awarded the compensation amounting to tune of Rs. 1,00,000/-

5. The age of the victim was 30 years, by occupation he was a businessman and running a shop namely Joymatara Electronics and Engineering shop at Jamalpur, Bazar and his monthly income was Rs. 3,300/-. The claimants have claimed a compensation amounting to Rs. 5,00,000/- only. It was submitted by the Learned counsel appearing on behalf of the Insurance company, the Learned advocate for the appellants himself frankly admitted and consented that appellants will not get more than Rs.1,00,000/= as compensation because it is fact that Sanjoy Halder was the own