NATIONAL INSURANCE CO LTD Vs. KAKALI BHOWMIK

JUDGEMENT

(1.) This appeal by the insurer raises some important questions of law. Before elaboration thereof, it is necessary to state the facts in brief.

(2.) On 2-10-1990 the deceased Sibabrata Bhowmik was travelling in a bus bearing No. TRS 34 to go to Madhupur Bazar. But unfortunately when the bus reached near Lembutali bridge at about 7'00 P.M. it had met an accident causing severe injuries on the person of the deceased and due to the injuries sustained the deceased Sibabrata Bhowmik died. It was alleged that the accident occurred because of the bus was driven rashly and negligently.

(3.) The deceased left behind his widow, mother, two dependant brothers and a posthumous child Smti. Bijali who filed a claim petition for compensation under the Motor Vehicles Act, 1988 asking for compensation to the tune of Rs. 14,67,200/- by pleading that the deceased had a monthly income of Rs. 1,855/- and that he was aged 25 years and he would have lived upto the age of 68 years at which age his father died.