DULAL BISWAS Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) THIS appeal filed by the claimants being the parents of one late Subhajit Biswas, who was killed in a motor vehicle accident, is against the judgment and award dated 30th June, 2005 passed by the Motor Accident Claims Tribunal, Burdwan in a claim application under Section 163A of the Motor Vehicles Act, 1988 being MAC Case No. 230 of 2004. The award has been challenged by the appellant claimants on the ground that the compensation granted was inadequate. By the judgment and award under appeal, the claimants have been awarded total compensation of Rs. 1,60,500/ -, including Rs. 2000/ - towards funeral expenses and Rs. 2500/ - towards loss of estates.

(2.) THE accident took place on 27th February, 2004. It is alleged that the victim was traveling by motor cycle with his friends when he was hit by the mini bus bearing the number WB39/0563, of which the respondent No. 2 is the owner. The said vehicle was covered by a policy of insurance issued by the respondent No. 1, hereinafter referred to as 'the respondent insurer'.

(3.) THE claimants, as parents, filed the claim application under Section 163A of the Motor Vehicles Act, 1988 claiming compensation of Rs. 4,50,000/ -. It was claimed that the victim was the supervisor in a construction firm with a monthly income of Rs. 3300/ -. The victim was allegedly only 25 years of age at the time of the accident.