PRANATI MONDAL Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Feeling aggrieved by the inadequate compensation awarded by the learned Tribunal, Motor Accident Claims Tribunal, 5th Court, Paschim Medinipur in M.A.C case No. 546 of 2003, the appellants have preferred the instant appeal.

(2.) The facts of the claim case brought by the appellants as claimants may briefly be stated as follows:- On 24/11/2002 at about 3:30 P.M. while the victim Bharat Mondal was going towards Sultan Nagar from Gopiganj along Sultan Nagar Gopiganj Metal Road by the offending vehicle No. WB-29/4002(mini truck) as a khalasi, the vehicle was proceeding with excessive high speed endangering human life and safety without blowing any horn. When the vehicle reached Tetultola it dashed road side pedestrians and got capsized. As a result, the victim sustained severe injuries on his person and he died on the spot. The accident took place due to rash and negligent driving on the part of the driver of the offending vehicle.

(3.) On the aforesaid accident an FIR was lodged at Daspur Police Station and the FIR was registered as Daspur P.S Case No. 73 of 2002 dtd. 25/11/2002 under Ss. 279/337/338/304A of Indian Penal Code.