SWAPNA BASAK Vs. NEW INDIA ASSURANCE COMPANY LTD.

JUDGEMENT

(1.) In the accident, which occurred on 11/10/2003 at about 17.00 hours, a 46 years old business man, stated to have earned Rs.23,707.91 paise per month, died.

(2.) Kotwali Ps Case No. 347/2003 dtd. 11/10/2003 under Sec. 279/338/304A/ 427 of the Indian Penal Code was started against the driver of goods carrier truck bearing no. WB73/8230, which was insured with New India Assurance Company Limited.

(3.) Legal representatives of the said deceased business man filed the Motor Accident claim Case No. 27 of 2004 under Sec. 166 of the Motor Vehicles Act, which was disposed of by the Ld. Motor Accident claims Tribunal, 1st Track Court, Cooch Behar, claiming compensation of Rs.20,00,000.00 under various heads.