UNITED INDIA INSURANCE COMPANY LIMITED Vs. SIMA GHOSAL

JUDGEMENT

(1.) The present appeal is preferred against the judgment and award dtd. 9/12/2020 passed by learned Judge, Motor Accident Claims Tribunal, Fast Track Court, Durgapur, Paschim Bardhaman in M.A.C Case no. 98 of 2018 granting compensation in favour of the claimants to the tune of Rs.1,48,24,974.00alongwith interest under Ses. 166 of the Motor Vehicles Act, 1988.

(2.) The brief fact of the case is that on 11/3/2018 at about 14:00 hours while the victim was proceeding towards Mihijam from Jamtara by driving his own vehicle bearing registration no. WB-40AD/5782 (Tata Safari) through the Mihijam-Jamtara Main Road and when he reached near Gorainala More at that time the offending vehicle bearing registration no.JH-04H/8054 (bus) in a rash and negligent manner dashed the victim's vehicle from opposite direction, as a result of which the victim sustained severe bleeding injuries and died on the spot. On account of sudden demise of the victim, the claimants being the widow, son and parents of the deceased filed application for compensation of Rs.1,69,46,744.00along with interest under Ses. 166 of the Motor Vehicles Act, 1988.

(3.) The appellant-insurance company contested the claim application before the learned tribunal. However respondent no.4-owner of the offending vehicle though filed written statement but subsequently did not contest the claim application before the learned tribunal and the claim application was disposed of exparte against him. By an order dtd. 10/11/2022 the service of notice of appeal upon respondent no.4-owner of the offending vehicle is dispensed with.