NATIONAL INSURANCE CO. LTD. Vs. SARBANI CHATTERJEE

JUDGEMENT

(1.) The Court : The insurance company is the appellant. It is aggrieved by an award of the Motor Accidents Claims Tribunal, Kolkata dated September 12, 2008 granting the first two respondents, the claimants, Rs. 1,92,000 fault liability compensation with 6% p.a. interest from April 17, 2006 till the date of payment.

(2.) The claimants were the wife and son of one Kalipada Chatterjee of 5, Mahendra Chatterjee Lane, Kolkata 700046. Their case was that Kalipada (60) doing consumer goods supply business and earning about Rs. 4,500 per month was killed in an accident happening on May 25, 2005 at about 5 p.m.; and that the offending motor vehicle, an auto-rickshaw no. WB-04-5109, driven rashly and negligently knocked Kalipada down from behind and injured him seriously.

(3.) In the application it was stated that Kalipada was taken to a hospital where he died on June 6, 2005; that for his treatment Rs. 7,000 was spent; that there was in force an insurance policy issued by the insurance company in relation to the use of the vehicle; and that Kalipada was the main earning member of the family "consisting of his widow and only son." The claimants claimed Rs. 2,97,500, interest and costs. The owner of the vehicle was a party to the case.