SUCHITRA GHOSH Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal is preferred against the judgment and award dtd. 17/2/2018 passed by the learned Judge, Motor Accident Claims Tribunal, 5th Court, Murshidabad in MAC case no.12 of 2016 granting compensation of Rs.10,12,500.00 together with interest in favour of the appellants-claimants under Sec. 166 of the Motor Vehicles Act, 1988. With the consent of the parties, preparation of informal paper books is dispensed with.

(2.) The brief fact of the case is that on 30/10/2015 at about 10-30 a.m. while the victim was returning to his house from Beldanga by riding his motor cycle keeping left side of the road, at that time the offending vehicle bearing registration no. WB-41E/0069 (truck) in a high speed and in rash and negligent manner dashed the victim along with his motor cycle from behind, as a result of which the victim sustained severe injuries all over his bodies and died on the spot. On account of sudden demise of the victim, the claimants being the widow, minor daughter, son and the mother of the deceased filed application for compensation of Rs.7,50,000.00 together with interest under Sec. 166 of the Motor Vehicles Act, 1988.

(3.) The claimants in order to establish their case examined three witnesses and produced documents, which have been marked as Exhibits 1 to 7 respectively.