SHIPRA DUTTA Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal is preferred against the judgment and award dtd. 28/1/2016 passed by learned Judge, Motor Accident Claim Tribunal, 2nd Court, Hooghly, in M.A.C. Case No. 34 of 2012 granting compensation of Rs.2,73,500.00 in favour of the claimants under Sec. 166 of the Motor Vehicles Act, 1988.

(2.) The brief fact of the case is that on 10/10/2011 at about 5:30 hours while the victim was travelling by the vehicle bearing registration No. WB-16N/3000 (scorpio) through Delhi Road from Kolkata to Bandel and when the said vehicle reached near 100 Begha under Bhadreswar P.S. the offending vehicle bearing registration No. WB-25D/5438 (lorry) driven in a rash and negligent manner dashed the vehicle in which the victim was travelling. Due to the said accident, the victim along with one other sustained grievous injury and they were taken to Serampore Walsh Hospital where the victim succumbed to his injuries and died. On account of sudden demise of the victim, the claimants being the widow, son, mother and married daughter filed application for compensation of Rs.6,50,000.00 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 Exhibit 1 to 11 respectively.