HARADHAN PAL Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This appeal is at the instance of the claimant in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 18th July, 2005 passed by the Motor Accident Claims Tribunal and 8th Bench of the City Civil Court at Calcutta, in M.A.C. Case No. 388 of 1992, thereby rejecting the said application on the ground that the claimant having already received a sum of Rs. 25,000/- in the earlier proceedings under Section 140 of the Act whereas in the proceedings under Section 166 of the Act, the total amount of compensation payable having been assessed at Rs. 14,960/-, the Insurance Company was under no obligation to pay any further amount.

(2.) Being dissatisfied, the claimant has come up with the present appeal.

(3.) There is no dispute as regards the death of the victim in the accident where the offending vehicle was insured by the New India Assurance Company Limited. It appears from record that in a previous proceeding under Section 140 of the Act, a sum of Rs. 25,000/- was awarded in favour of the claimant for the death of the victim which occurred on 26th December, 1991 due to the said accident.