BARUN MUKHERJEE Vs. NATIONAL INSURANCE CO. LTD

JUDGEMENT

(1.) This Appeal is directed against the Judgment and Award, dated 14th Day of July, 2011 passed by the learned Judge, 5th Motor Accident Claims Tribunal, Burdwan in M.A.C. Case No.08 of 2009 filed under Sec. 163-A of the Motor Vehicles Act,1988.

(2.) By the said Judgment and Award, the learned Tribunal Judge allowed the M.A.C. Case No.08 of 2009 in part against the National Insurance Co. Ltd. without cost and ex parte against the Owner of the offending vehicle bearing Registration No.WB-41A/5731. It was further observed that the Petitioners would receive an award of Rs.3,88,500.00 and Petitioner No.1 be granted an additional Rs.5,000.00 extra towards Loss of Consortium. In addition to that, Petitioners are entitled to recieve Interest @ 6 % per annum over the amount being Rs.3,88,500.00 from 9/1/2009 to till the date of realization thereof.

(3.) The learned Tribunal Judge directed the Insurer to issue two A/C payee Cheques of Rs.1,29,500.00 each in favour of the Petitioner Nos.2 & 3 and one A/C payee Cheque of Rs.1,34,500.00 in favour of Petitioner No.1 along with Interest @ 6% per annum accrued for the period commencing from 9/1/2009 till the date of realization thereof and the said Cheques must be deposited with the learned Tribunal within one month from the date of receipt of the Order, failing which Petitioners shall be at liberty to realize the said amount by initiating Execution proceeding through the Learned Tribunal as per law. Insurer is also granted liberty to take all steps available to it in law to get the said amount recovered from the Owner of the vehicle bearing No.WB-41-A 5731.