SUBHRA BURMAN Vs. SUBRATA DUTTA

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment and award dtd. 1/3/2011 passed by the learned Judge, Motor Accident Claims Tribunal, Durgapur, in MAC Case No. 39 of 2008.

(2.) The brief facts of the case is that the present appellants being the claimants have preferred the claim application under Sec. 166 of the M.V. Act before the learned tribunal for getting compensation on the ground that the predecessor of the present appellant died in a road traffic accident due to rash and negligent driving of the driver of the offending vehicle duly insured under the policy of the Insurance Company. The claim case was contested by the insurance Company before the learned tribunal by filling written statement.

(3.) After hearing the parties and after receiving the evidences the learned tribunal has awarded a sum of Rs.5,85,500.00together with interest @ 6% per annum from the date of filling of the claim application in favour of the claimants and directed the owner to pay the compensation. Owner does not pay. Being aggrieved by and dissatisfied with the award passed by the learned tribunal, the present appellants being claimant Nos. 1 and 2 have preferred this instant appeal for enhancement of compensation.