NATIONAL INSURANCE COMPANY LIMITED Vs. NIRMALYA CHAKRABORTY

JUDGEMENT

(1.) This appeal is preferred against the judgment and award dtd. 27/1/2014 passed by learned Additional District Judge-cum-Judge, Motor Accident Claims Tribunal, Fast Track, 1st Court, Paschim Medinipur in M.A.C. Case No. 310 of 2012 granting compensation of Rs.1,50,000.00together with interest in favour of the claimant under Sec. 166 of the Motor Vehicles Act, 1988.

(2.) The brief fact of the case is that on 28/5/2012 at about 6:30 P.M. the claimant along with his family members including his minor son (victim) was proceeding towards Midnapore from Garhbeta in a car bearing registration no. WB-06/F-8634 (Tata Indigo) through NH-60 and near Ledapole under P.S. Garhbeta, the vehicle was stopped beside the road and the claimant along with the other family members got down from the said car and started talking to each other standing in front of their car. At that time, the offending vehicle bearing registration no. WB-34/Z-5225 (Maruti van) coming from Midnapore side and going towards Garhbeta side in rash and negligent manner dashed the minor son of the claimant as well as the Tata Indigo car. As a result of the aforesaid accident, the minor victim sustained grievous bleeding injury on his head and body and he died on spot. On account of sudden demise of the victim, the claimant being the father of the minor victim filed application for compensation of Rs.2,00,000.00 under Sec. 166 of the Motor Vehicles Act, 1988.

(3.) The claimant in order to establish his case examined himself and produced documents which have been marked as Exhibits-1 to 7 respectively.