SRI SAMUDRAGUPTA CHOUDHURY Vs. NEW INDIA ASSURANCE COMPANY

JUDGEMENT

(1.) "A mother is the truest friend we have, when trials heavy and sudden, fall upon us; when adversity takes the place of prosperity; when friends who rejoice with us in our sunshine desert us; when trouble thickens around us, still will she cling to us, and endeavour by her kind precepts and counsels to dissipate the clouds of darkness, and cause peace to return to our hearts."

(2.) "Unusual fact situation posing issues for resolution is an opportunity for innovation. Lav/ as administered by the courts, transforms into justice". Imbibed by the aforesaid finding of R.C. Lahoti, Chief Justice of India, speaking for the three-Judge Bench in B.P. Achala Anand v. Appi Redely, 2005 3 SCC 313, we would be required to answer the question that has fallen for consideration in this appeal.

(3.) Background facts necessary to be set out so as to have a good grasp of the entire issue show that Motor Accidents Claims Tribunal, First Court, Bankura on 13.9.2010 in connection with M.A.C.C. No. 215 of 2002 passed an award of Rs. 1,57,000 less Rs. 50,000 already received under section 140 of the Motor Vehicles Act (hereinafter referred to as 'the said Act'). Barring application of the default clause of interest no order in respect of the same was passed.