GUNADHAR MONDAL Vs. ORIENTAL INSURANCE CO, LTD

JUDGEMENT

(1.) Being aggrieved by the inadequate compensation awarded by the learned Judge, Motor Accident Claims Tribunal (hereinafter be referred to as the Tribunal), 8 Court, Alipore, South 24 Parganas vide judgment dtd. 25/6/2004 in M.A.C. Case No. 265 of 2000 the claimant Smt. Arati Mondal, wife of Gunadhar Mondal, appellant No. 1 herein, preferred the instant appeal. During the pendency of the appeal the sole appellant/claimant Arati Mondal died and in her place her husband namely Gunadhar Mondal and her daughter namely Sulekha Mondal were substituted in her place by order dtd. 2/7/2007 passed by a Division Bench of this Court.

(2.) The claimant Arati Mondal initially filed the claim application under Sec. 163A of the Motor Vehicles Act. Subsequently, on her application for amendment, the claim case was converted to a case under Sec. 166 of the Motor Vehicles Act from the case under Sec. 163A of the Act vide order dtd. 23/6/2003 passed by the learned Tribunal.

(3.) To put succinctly, the facts of the claim application as brought by the claimant Arati Mondal may be stated as under: On 28/4/2000 at about 3 : 45 P.M. Gopal Mondal, the son of the claimant Arati Mondal being the driver of a bus bearing No. WB-19/6287 on route No. SD-8 was proceeding from the Thakurpukur bus stoppage with a destination to go to Bibirhut bus stand. While the bus reached near Nandabhanga-Ghosh pukur bus stoppage, then a bus bearing No. WB-19/6703 on route No. SD-22 was proceeding from the opposite direction rashly and in negligent manner endangering to human life dashed against the driver's cabin of Gopal Mondal. As a result, he sustained severe chest injuries. Blood came out from his face and he was taken to Samaly Primary Health Centre. After some first aid was given to him, he was referred to M.R. Bangur Hospital where he succumbed to the injuries.