NEW INDIA ASSURANCE CO LTD Vs. SAHELI SARKAR

JUDGEMENT

(1.) This miscellaneous appeal is directed against the judgment and/or award dated 28.11.2007 passed by the learned Chief Judge, City Civil Court (Motor Accidents Claims Tribunal) at Calcutta in M.J.C. Case No. 663 of 2006 at the instance of the appellant.

(2.) The claimants' claim petition under section 166 of the Motor Vehicles Act on account of accidental death of the victim in the motor accident occurred on 10.4.2006 due to rash and negligent driving of the offending vehicle bearing No. WB 23-A 0017 (oil tanker) by its driver, was partly allowed by learned Tribunal. Though the claimants claimed a sum of Rs. 21,17,020 on account of such compensation, but the learned Tribunal allowed their claim to the extent of Rs. 19,61,943. The insurance company was directed to pay the awarded compensation together with interest at the rate of 9 per cent per annum from the date of filing of the claim petition.

(3.) Both the claimants and the insurance company were aggrieved by the said judgment and/or award. Insurance company preferred the instant appeal challenging the legality and/or propriety of the said award. In connection with the said appeal, a cross-objection was taken out by the claimants contending, inter alia, that more amount of compensation should have been awarded to them.