BRANCH MANAGER Vs. SITA CHOWDHURY

JUDGEMENT

(1.) Oriental Insurance Company, insurer of Alto car has preferred the instant appeal against the award of compensation passed in Compensation Case No. 70 of 2010 wherein compensation of Rs.4,51,000.00 has been awarded under Sec. 166 of the MV Act in favour of the claimants for the death of Shankar Chowdhury in a motor vehicle accident when the Alto Car on which he was travelling bearing registration no. JH-06A- 6902 met with accident with a stationary truck bearing registration no. WB-33- 2468. The Tribunal recorded a finding of contributory negligence and awarded compensation against the insurer of both the vehicles in the ratio of 50% each.

(2.) The car was being driven by one Jayanta Bagchi at the time of accident who also sustained fatal injuries in the accident for which Compensation Case No.28/2010 was filed and has been disposed separately. The heirs of Jayanta Bachi have preferred a separate appeal being MA 138/13. Both these appeal have been heard together but will be disposed of by separate Judgment since they arise of Judgment and award in two separate cases.

(3.) The instant appeal has been preferred mainly on the following grounds: