ALOKA MANDAL Vs. UNITED INDIA INSURANCE COMPANY LTD.

JUDGEMENT

(1.) Both the appeals arose out of judgement and award passed by Ld. Motor Accident Claims Tribunal, 3rd(special ) Court, Jalpaiguri in connection with Motor Accident Claim Case No. 365 of 2021 under Sec. 166 of the Motor Vehicles Act, are being taken up for disposal by this common judgement.

(2.) Claim petition under Sec. 166 was filed by the wife, son and minor daughter of the deceased Ajit Kumar Mandal who died in a motor accident on 21/6/2021 at about 10.30 a.m. while he was proceeding towards Sannyasikata High School from his resident by a scooty bearing no. WB-72-R-2177 as a pillion rider. Near Fatapukur under PS Rajganj one Maruti Dzire bearing no. WB-72-R-1064 coming with high speed dashed the back side of the said scooty. Consequently, said Ajit Kumar Mandal sustained severe injury on his person and succumbed to his injuries.

(3.) According to claim petition, Ajit Kumar Mandal was an Assistance Teacher of Sannyasikata High School and would earn Rs.62,400.00 per month as salary. Claimants were totally dependent on the income of the deceased. Claimants filed the claim petition with the prayer for compensation to the tune of Rs.85,06,480.00 from the Insurer of the Maruti Dzire bearing reg. no. WB 72R 1064.