RUBY KHATUN Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal is directed against the Judgment and order dtd. 8/3/2013 passed by Learned 7th Additional District Judge, Motor accident Claims Tribunal, Alipore, South 24 Parganas, whereby Ld. Judge awarded compensation to the tune of Rs.1,23,500.00 and OP/respondent no. 1/ Oriental Insurance Company Ltd. was directed to pay the awarded amount in the manner prescribed therein, in disposing an application under sec. 163-A of the Motor Vehicle Act (for short MV Act).

(2.) Originally the application under 163-A of the MV Act was filed before the tribunal on the ground that on 14/4/2011 at about 04.00 a.m. a vehicle (bus) bearing reg. no. 65A/3651 was plying through 34 No. National Highway from Ranaghat to Kolkata and that bus was plying with high speed and dashed a trailor, as a result of which driver of said vehicle died on spot. According the claimant deceased being 38 years old man used to earn Rs.3300.00 per month and plying compensation of Rs.4,32,000.00.

(3.) On behalf of the claimant three witnesses were examined and document viz. copy of PM report, FIR, charge sheet etc. were admitted in evidence of exhibit 1 to 7.