NATIONAL INSURANCE COMPANY LIMITED Vs. KUSUM AGARWAL

JUDGEMENT

(1.) This appeal is preferred against the judgment and award dtd. 30/5/2017 passed by learned Judge, Motor Accident Claims Tribunal, Bench IX, City Civil Court, Calcutta in MAC Case No.212 of 1987 granting compensation of Rs.3,98,000.00 together with interest in favour of the claimants under Sec. 110A of the Motor Vehicles Act, 1939.

(2.) The brief fact of the case is that on 9/1/1987 at about 21:15 Hours while the victim along with one Pawan Kumar Bajoria was on a stationary scooter bearing No. WNH-60 on the western side of the non-metalled portion of the Red Road at that time the offending vehicle bearing registration no. WBS-4872 (Private Bus) in a rash and negligent manner dashed the said scooter at the southern end of Mohammedan Sporting Club Tent, as a result of which the victim and Pawan Kumar Bajoria sustained serious injuries and immediately they were shifted to Medical College Hospital, where the attending doctor declared them as brought dead. On account of sudden demise of the victim, the claimants being the widow, mother and son filed application for compensation of Rs.5,50,000.00together with interest under Sec. 110A of the Motor Vehicles Act, 1939.

(3.) The claimants in order to establish their case examined two witnesses including the widow of the deceased and produced documents which have been marked as Exhibits 1 to 6 respectively.