SAMIR BHATTACHARJEE Vs. GANESWAR BORO

JUDGEMENT

(1.) Heard Mr. J.I. Borbhuiyan, learned counsel for the appellants. Also heard Mr. R. Goswami, learned counsel appearing for the respondent No. 2. By an order dated 28.9.2011, service on respondent Nos. 1 and 3 was deemed to have been effected. None appeared for respondent Nos. 1 and 3.

(2.) This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred for enhancement of the compensation awarded to the present appellants by judgment and order dated 28.3.2001 in MAC Case No. 100 of 1998. By the said judgment, the appellants were awarded a sum of Rs. 4,00,000/- inclusive of no fault liability with simple interest thereon @ 9% per annum from 30.3.1998, that is, the date of petition till realisation of amount and the United India Insurance Company Ltd. was directed to pay the awarded amount within a period 30 days.

(3.) The claim petition came to be filed on account of death of Chitra Bhattacharjee, the wife of the appellant No. 1 and mother of the appellant No. 2, who died in a vehicular accident on 8.10.1997. The claim petition was filed by the present appellant No. 1 for himself and for and on behalf of the minor daughter Rachita @ Tandra, who was a minor at the relevant point of time.