NATIONAL INSURANCE COMPANY LIMITED Vs. TAPAS KUMAR GHOSH

JUDGEMENT

(1.) The present appeal is preferred against the judgment and award dtd. 6/12/2016 passed by learned Additional District Judge cum Judge, Motor Accident Claims Tribunal, 1st Court, Hooghly in M.A.C Case no. 74 of 2010 granting compensation of Rs.21,64,500.00 together with interest in favour of the claimants under Sec. 166 of the Motor Vehicles Act, 1988.

(2.) The brief fact of the case is that on 31/8/2009 at about 11:30 AM while the victim riding on the bicycle of his friend Sanjib Hazra as pillion rider was proceeding to UIT College along the G.T Road and when they reached Bhangakuthi near Maharashtra Bank the offending vehicle bearing registration no. WB-41D/5692 (bus) in a rash and negligent manner dashed the bicycle as a result of which the victim fell down on the road and was run over by the said bus and he died on the spot. The victim at the time of accident was a student pursuing BE course at UIT, Burdwan. On account of sudden demise of the deceased-victim the claimants being the parents filed application for compensation of Rs.30,00,000.00 along with interest under Sec. 166 of the Motor Vehicles Act, 1988.

(3.) The respondent no.3-owner of the offending vehicle did not contest the claim application before the learned tribunal and the case was disposed of exparte against him. The notice of appeal has been duly served upon respondent no.3-owner of the offending vehicle, however he remained unrepresented.