MAINA DEVI Vs. PANCHU DAS

JUDGEMENT

(1.) APPELLANT Maina devi preferred a claim application before the learned District Judge at Alipore under section 166 of Motor Vehicles Act, 1988, on account of death of one Awadh Narayan passy who was a security guard under Calcutta port Trust, drawing a monthly salary of Rs. 11,453 at the time of his accident. Appellants Maina Devi claimed compensation to the tune of Rs. 12,00,000 with costs and interest.

(2.) THE claim petition was subsequently transferred for disposal to the learned Thirteenth additional District Judge, Alipore and before the learned Tribunal, Panchu das, owner of the offending vehicle did not contest the claim application and only new India Assurance Co. Ltd. with whom the offending vehicle was insured, contested the claim application and challenged the claim of the appellants.

(3.) THE learned Tribunal after considering both oral and documentary evidence adduced by the claimants in support of their claim application by its order dated 22. 12. 2005 awarded a sum of Rs. 5,81,000 as the compensation amount in favour of claimants and on 2. 3. 2006 the insurance company deposited three accounts payee cheques to pay the entire amount before the learned Tribunal and on 3. 3. 2006 the present appellants received those cheque amounts.