STATE BANK OF INDIA Vs. ARABINDA GHOSH

JUDGEMENT

(1.) THESE two appeals under the Motor Vehicles Act were heard analogously as by these two appeals, a common award dated 17th January, 2007 passed by the Motor Accident Claims Tribunal, Fast Track court No. 2, District-North 24-Parganas, in M. A. C. Case No. 9 of 2004, has been challenged by both the claimants and the owner of the vehicle.

(2.) THE appellants in F. M. A. No. 1398 of 2007 filed an application before the Motor Accident Claims Tribunal under Section 110a of the Motor Vehicles act, 1939 thereby claiming compensation for the death of one Smt. Rina Ghosh, the wife of the appellant No. 1, and the mother of the appellant No. 2, on the allegation that due to rash and negligent driving on the part of the driver of the offending motorcar owned by the State Bank of India, the victim met with an accident resulting in her death. The victim was a professor of the Sarojini naidu College for Women and had monthly income of Rs. 8007- a month at the time of accident which occurred on 3rd January, 1980. The said proceedings gave rise to M. A. C. Case No. 355 of 1980 which had been subsequently renumbered as M. A. C. Case No. 9 of 2004 since disposed of by the Tribunal below by the award impugned.

(3.) IN the said claim-application, the claimants initially made the State bank of India, the owner of the offending vehicle, as the sole respondent.