RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. SUDEVI GUPTA

JUDGEMENT

(1.) The present appeal is preferred against the judgment and award passed on 30/5/2018 by learned Judge, Vth Bench cum Judge, Motor Accident Claims Tribunal, City Civil Court, Calcutta in M.A.C Case no. 263 of 2010 granting compensation in favour of respondents-claimants to the tune of Rs.14,59,326.00 along with interest under Sec. 166 of the Motor Vehicles Act, 1988.

(2.) The brief fact of the case is that on 18/11/2009 at about 1:15 PM while the victim was proceeding through the VIP road from North to South direction on his bicycle, at that time the offending vehicle bearing no. WB-19D/7066 (Tata Magic) which was driven in a rash and negligent manner dashed the victim from behind as a result of which he sustained head injuries. Thereafter the victim was taken to ESI Hospital and R.G Kar Hospital, wherefrom he was shifted to SSKM Hospital for further medical treatment. However, on the same day at night hours the victim was shifted to CMRI Hospital for better treatment and a considerable amount of Rs.3.00 lakhs were spent towards treatment of the victim. Thereafter, once again the victim was shifted back to SSKM Hospital on 6/12/2009. Ultimately the victim succumbed to his injuries on 7/1/2010 and expired. On account of sudden demise of the deceased-victim, the respondents-claimants being widow, sons and mother of the deceased filed application for grant of compensation of Rs.15.00 lakhs along with interest under Sec. 166 of the Motor Vehicles Act, 1988.

(3.) The appellant-insurance company contested the claim application before the learned tribunal. However, respondent no.6-owner of the offending vehicle did not contest the claim application before the learned tribunal and the claim application was disposed of exparte against him.