SASWATI GHOSH Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal is directed against the judgment and award dtd. 7/4/2014 passed by the learned Judge, Motor Accident Claims Tribunal, Additional District and Sessions Judge, 2nd Court, Sealdah, South 24 Parganas in connection with M.A.C.C. No. 2 of 2009 (Arising out of M.A.C.C. No. 120 of 2008).

(2.) By passing the impugned judgment and award learned Tribunal awarded compensation to the tune of Rs.12,42,000.00 in favour of the claimants which should be given within two months from the date of impugned order and in default interest should be given to the claimants at the rate of 10% of their respective amount till realization.

(3.) The victim, Tapan Ghosh faced an unnatural death on 26/6/2008 due to a road traffic accident. On that fateful date the deceased being the husband and father of the claimants was returning home from his office at about 8:00 P.M. and since he reached at Lake Town Road and VIP road and was on moving towards West along Southern footpath of Southern flank of V.I.P. Road, at that moment the victim was dashed from behind by the offending vehicle (Ambassador being No. WB-19D/4276). In consequence to that incident the victim fell down on the road side footpath and he was taken to R.G. Kar Medical College and Hospital where he was declared brought dead by the doctors. It is stated by the claimants that the accident occurred due to rash and negligent act of the driver of the offending vehicle. Over the said death of the victim the claimants being the heirs/ legal representatives of the deceased filed a case claiming compensation from the respondent/Insurance Company. Over the self-same incident concerned police station started a case being Lake Town P.S. Case No. 126 dtd. 26/6/2008 under Sec. 279/338/304A of IPC.