NEW INDIA ASSURANCE CO. LTD. Vs. SUSHILA JHUNJHUNWALA

JUDGEMENT

(1.) This appeal is preferred against the judgment and award dtd. 30/11/2021 passed by learned Additional District Judge-cum-Judge, Motor Accident Claims Tribunal, Fast Track, 4th Court, Alipore, 24-Parganas (South) in M.A.C. Case No. 1 of 2002 granting compensation of Rs.21,52,140.00 together with interest @ 9% per annum in favour of the claimants under Sec. 166 of the Motor Vehicles Act, 1988.

(2.) The brief fact of the case is that on 10/8/2001 at around 8:30 P.M. while the victim was travelling in a Hyundai Car bearing registration no. KA-OS-C/2107, at that time, the offending vehicle bearing registration no. TN-09D-0561 (tanker lorry), in a rash and negligent manner, dashed the said car from behind at Mogili Ghat on Palamaner-Bangarupalem Road, Chitoor, Andhra Pradesh. As a result of which, the said car collided with another lorry coming from the opposite direction. In the said accident, the victim and two other occupants died on the spot and one of the occupants sustained injuries. On account of sudden demise of the victim, the claimants being the widow, son and daughter of the deceased filed application for compensation of Rs.18,84,500.00 together with interest under Sec. 166 of the Motor Vehicles Act, 1988.

(3.) The claimants in order to establish their case examined two witnesses and produced documents which have marked as Exhibits 1 to 11 respectively.