BANASRI BANERJEE Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The present appeal is preferred against the judgment and award dtd. 17/4/2015 (amended by order dtd. 7/7/2015) passed by learned Additional District Judge cum Judge, Motor Accident Claims Tribunal, 4th court, Alipore, 24-Parganas (South) in M.A.C Case no. 27 of 2010 granting compensation in favour of the appellants-claimants to the tune of Rs.35,01,276.00 along with interest @ 9% per annum from the date of filing of the claim application till realisation of the entire amount under Sec. 166 of the Motor Vehicles Act, 1988.

(2.) The brief fact of the case is that on 17/2/2010 at about 2.30 hours while the victim was sitting on the driver's seat on stationed motorcycle bearing no. WB-20S-6189 beside the road, at that time the driver of the offending vehicle bearing no. WB-19-2404 (bus) in a rash and negligent manner dashed the said motorcycle as a result of which the victim sustained severe injuries and was removed to the hospital where the attending doctors declared him dead. On account of sudden demise of the victim, the claimants being his legal heirs and representatives filed application under Sec. 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.40,00,000.00 along with interest.

(3.) The respondent no.1-insurance company contested the claim application before the learned tribunal. However respondent no.2-owner of the offending vehicle did not contest the claim application before the learned tribunal and the claim application was disposed of exparte against her. Accordingly, the service of notice of appeal upon respondent no.2-owner of the offending vehicle is dispensed with for the aforesaid reasons.