SABINA KHATUN Vs. NATIONAL INSURANCE CO. LTD

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed on 11/7/2013 by the learned Judge, Motor Accident Claims Tribunal, 1st Court at Alipore, District " " South 24-Parganas, in MAC Case No.19 of 2012 under Sec. 166 of the Motor Vehicles Act, 1988 whereby the learned Judge awarded compensation to the tune of Rs.3,69,500.00.

(2.) The claim petition was filed with a prayer for compensation of Rs.14.00 lacs along with interest on account of death of one Sk. Alfajuddin @ Alfajuddin Sekh in a motor accident which took place on 4/11/2011 at about 12.10 p.m. by the involvement of one Container bearing registration No. OR-05-AA-5102 on National Highway No.6 while the deceased was travelling by a TATA-407 bearing registration No.WB-25B/3941 and proceeding just behind the said Container. At the time of accident, the deceased was sitting in the driver's cabin of TATA-407. All on a sudden, while the Container proceeded from right side of the road towards left collided with the said TATA-407. After the accident, Sk. Alfajuddin @ Alfajuddin Sekh succumbed to his injuries on the spot. One police case, being Domjur Police Station Case No.609 dtd. 4/11/2011 under Ss. 279/304A/ 427 of the Indian Penal Code was started against the driver of the Container.

(3.) In Course of the proceedings before the learned Tribunal, the appellants/claimants examined three witnesses, namely, Sabina Khatun as PW-1, Sk. Amjad Hossain @ Amjed claiming himself as eye-witness as PW-2 and one Gopal Chandra Saha, Manager of Dena Bank of Budge Budge Branch as PW-3. In course of evidence, a good number of documents were marked as Exhibits 1 to 23.