JUDGEMENT
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(1.)This appeal is preferred against the judgment and award dtd. 17/2/2018 passed by the
learned Judge, Motor Accident Claims Tribunal, 5th
Court, Murshidabad in MAC case no.12 of 2016
granting compensation of Rs.10,12,500.00 together
with interest in favour of the appellants-claimants
under Sec. 166 of the Motor Vehicles Act, 1988.
With the consent of the parties, preparation of
informal paper books is dispensed with.
(2.)The brief fact of the case is that on 30/10/2015 at about 10-30 a.m. while the victim
was returning to his house from Beldanga by riding
his motor cycle keeping left side of the road, at that
time the offending vehicle bearing registration no.
WB-41E/0069 (truck) in a high speed and in rash
and negligent manner dashed the victim along with
his motor cycle from behind, as a result of which the
victim sustained severe injuries all over his bodies
and died on the spot. On account of sudden demise
of the victim, the claimants being the widow, minor
daughter, son and the mother of the deceased filed
application for compensation of Rs.7,50,000.00
together with interest under Sec. 166 of the Motor
Vehicles Act, 1988.
(3.)The claimants in order to establish their case examined three witnesses and produced documents,
which have been marked as Exhibits 1 to 7
respectively.
The respondent no.1-insurance Company did not adduce any evidence.
Since the respondent no.2, owner of the offending vehicle, though appeared before the learned Tribunal but subsequently contest the claim application, service of notice of appeal upon the said respondent is dispensed with.
Upon considering the materials on record and evidence adduced on behalf of the claimants, the learned Tribunal granted compensation of Rs.10,12,500.00 together with interest in favour of the claimants under Sec. 166 of the Motor Vehicles Act, 1988.
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