DEBOJYOTI DATTA Vs. ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) This appeal has been preferred against judgment passed in MJC No. 284 of 2005 passed by Ld. Judge, 10th Bench, City Civil Court at Calcutta allowing the award to the tune of Rs.10,000,00.00 and direction for apportionment for compensation between the respondent no.1 Oriental Insurance Company and respondent no. 2 National Insurance Company.

(2.) By this appeal claimant/appellant prayed for enhancement of the awarded amount.

(3.) On 21/5/2005 at about 00.00 hours one truck, bearing Reg. No. WB-25-9952, was plying through National Highway No. 34 with a very high speed and in rush and negligent manner and all of a sudden pushed its break and stopped the vehicle. At that time, one Qualis Car, bearing Reg. No. WB-02T4430, plying on the same road following the truck, dashed the truck. At the same time, one Bolero Car bearing Reg. No. WB-60-9313 coming with high speed following that Qualish Car, could not control its speed and smashed the said Qualish Car, where husband (since deceased) of the claimants No. 1was travelling from Siliguri to Calcutta along with others. The said accident took place within the jurisdiction of Police Station, Karamdighi where a Police Case No. 79/2005 dtd. 21/5/2005 was started.