INDADUL HAQUE Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal filed by the claimants is against a judgment and award dated 2nd June, 2004 passed by the Motor Accident Claims Tribunal, 3rd Court, Burdwan in an application under Sec. 166 of the Motor Vehicles Act 1988, hereinafter referred to as the 'M.V. Act' being M.A.C. Case No. 47/249 of 2001, awarding compensation of Rs. 6,45,000/ - to be paid in equal share, by the respondent No. 1, New India Assurance Co. Ltd. and the respondent No. 2, United India Insurance Co. Ltd. within three months from the date of the award, failing which the award would carry interest at the rate of 9% per annum from the date of default. No pendente lite interest has been awarded.

(2.) The appellants are the wife, daughter, two sons, father and mother of Late Uttam Kumar Roy. It is the case of the appellants that while Uttam Kumar Roy, since deceased was riding his motor cycle and proceeding towards Burdwan, his motor cycle met with an accident as a result of rash and negligent manner in which the trucks bearing the registration number WB53 5278 owned by M/s. Shreekrishna Mercantiles and covered by policy of insurance issued by the respondent No. 1, New India Assurance Co. Ltd. and truck No. WMH -1271 owned by Mr. Abhijit Dutta and covered by a policy of insurance issued by the respondent No. 2, United India Insurance Co. Ltd., were being driven.

(3.) According to the petitioner, the said trucks, which were being driven in a rash and negligent manner hit the motor cycle. As a result of the accident, Uttam Kumar Roy was killed on the spot.