NATIONAL INSURANCE COMPANY LIMITED Vs. KALYANI GARAI

JUDGEMENT

(1.) This appeal has been preferred by the appellant National Insurance Company Limited against the judgment and award passed by the Learned Judge, Motor Accident Claims Tribunal, Fast Track Court - II, Asansol, Paschim Bardhaman in MAC No. 38 of 2011 renumbered as MAC No. 07 of 2012. By the award the learned Motor Accidents Claim Tribunal (hereinafter be referred to as the Tribunal) directed the appellant to pay a sum of Rs.12,52,792.00 with interest at the rate of 8% per annum from the date of filing of the claim application till realization of the amount from the appellant.

(2.) The facts which led the filing of the claim-application may be summarised as under:- On 21/12/2010 at about 5:30 P.M. the victim Naran Garai alias Narayan Garai alias Narayan Chandra Gorai was returning to his house at village Amdiha with others from Raniganj by his ambassador car bearing No. WB-38/R-8629. While the car in which he was travelling was on N.H.-2 near Kalla Bye-pass, then one truck bearing No. BR-24/G-0574 suddenly dashed the ambassador car. The driver of the truck was driving the truck in rash and negligent manner and as a result of which the accident took place. Because of the accident the victim and other co-passengers of the vehicle suffered injuries all over their body. The local people shifted them to Sub-Divisional Hospital, Asansol for their treatment, but the condition of the victim was critical and at the advice of the attending doctor the victim was shifted to the Mission Hospital, Durgapur then and then. But, after prolonged treatment the victim died at the hospital fourteen days after the accident.

(3.) The respondent No.1 Smt. Kalyani Garai is the widow of the victim and the respondent Nos. 2 and 3 Karunamoy Garai and Binay Krishna Garai are the sons of him. Owing to the sudden death of the victim who was the sole bread earner, his widow and sons fell in immense financial distress.