KALYANI DAS Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) While considering the appellants' application for expeditious hearing, we were requested by the learned advocates of both the parties to dispose of the appeal itself on merit after hearing them. Accordingly, the appeal itself is taken up for hearing. Since the owner of the offending vehicle did not contest the claim case before the Tribunal, requirement of service of notice of appeal upon the owner of the offending vehicle is dispensed with on the prayer of the learned advocate appearing for the appellants. Thus, the appeal is treated as ready as regards service upon the respondents.

(2.) Claim petition filed by the claimants under section 166 of the Motor Vehicles Act on account of the accidental death of the husband of the claimant appellant No. 1 who died in a motor accident due to rash and negligent driving of the offending vehicle bearing registration No. WB-59/0768 (Mini Truck) was partly allowed by the learned Tribunal by its judgment and award dated 21st August, 2012.

(3.) By the said award, the Insurance was directed to pay a sum of Rs. 5,18,870/- towards compensation to the claimants. While assessing such compensation payable to the claimants, the learned Tribunal selected the multiplier of 5 in the instant case.