KAMLESH BALMIKI Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Aggrieved by the judgment and award passed by the learned Judge, Motor Accident Claims Tribunal (hereinafter be referred to as the Tribunal), 2nd Bench, City Civil Court, Calcutta in MAC Case No. 58 of 2007 the appellants have preferred the instant appeal. By the judgment dtd. 6/5/2011, the learned Tribunal dismissed the claim case brought by the appellants/claimants.

(2.) Before I proceed to pen the judgment it will be apposite to record that the claimant Nos. 3 to 5 namely Avishel Balmiki @Abhishek Balmiki, Manisha Balmiki and Aman Balmiki who at the time of filing of the claim application on 19/1/2007 were minor have now attained majority. Their attainment of majority be noted in the memorandum of appeal and other relevant paper, if any. They be treated as major so far as this appeal is concerned.

(3.) The facts emanating from the claim application under Sec. 166 of the Motor Vehicles Act and which are necessary for adjudication may be adumbrated as under: