BINAPANI GHOSH Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This miscellaneous appeal is directed against the judgment and/or award dated 28th July, 2008 passed by the learned Motor Accident Claims Tribunal, Fast Track, 2nd Court, Paschim Medinipur in M.A.C. Case No. 227 of 2006 at the instance of the claimants/appellants. The claim-petition filed under section 166 of the Motor Vehicles Act by the claimants due to accidental death of the victim was allowed by the learned Tribunal in part.

(2.) Since the entire claim of the claimants was not allowed by the learned Tribunal, they felt aggrieved. Hence the instant appeal was filed.

(3.) Findings of the learned Tribunal regarding the cause of death of the victim due to rash and negligent driving of the offending vehicle being registration No. MH-14E/6528 (Truck) by its driver on 17th January, 2000 remains unchallenged. Findings of the learned Tribunal regarding coverage of the offending vehicle under a policy of insurance issued by the concerned Insurance Company also remains unchallenged. Thus the entitlement of the claimants to get compensation and the liability of the Insurance Company to pay such compensation to the claimants on account of such accidental death of the victim is not an issue in this appeal. The dispute involved in this appeal relates to the correctness in the calculation of compensation payable to the claimants.