SWAPNA BERA Vs. NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) This appeal is preferred against the judgement and award dtd. 8/7/2019 passed by the learned Additional District Judge-cum-Judge, Motor Accident Claims Tribunals, 3rd Court, Suri, Birbhum in MAC case no.118 of 2015 granting compensation of Rs.35,51,500.00 together with interest in favour of the appellantsclaimants under Sec. 166 of the Motor Vehicles Act, 1988.

(2.) The brief fact of the case is that on 27/1/2015 at about 09-55 hours while the victim was proceeding to his office situated at Abdarpur riding his bi-cycle through Panagarh-Moregram Highway and when he reached FCI go-down at that time the offending vehicle bearing registration number WB37C/4449 (truck) driven in a high speed and in rash and negligent manner dashed the victim, as a result of which the victim sustained severe injuries on his person and died on the spot. On account of sudden demise of the victim, the claimant being the widow, two sons and married daughter filed application for compensation of Rs.40,00,000.00 together with interest under Sec. 166 of the Motor Vehicles Act, 1988. The appellants-claimants in order to establish their cases examined three witnesses and produced documents which have been marked as Exhibits 1 to 11 respectively.

(3.) The respondent no.1-insurance Company did not adduce any evidence.