UNITED INDIA INSURANCE COMPANY LIMITED Vs. ANUMITA PAUL
LAWS(CAL)-2014-3-109
HIGH COURT OF CALCUTTA
Decided on March 07,2014

UNITED INDIA INSURANCE COMPANY LIMITED Appellant
VERSUS
Anumita Paul Respondents





Cited Judgements :-

RUPSUNA BIBI VS. NEW INDIA ASSURANCE COMPANY LIMITED [LAWS(CAL)-2022-12-45] [REFERRED TO]


JUDGEMENT

- (1.)Binapani, the appellant in FMA No.1931 of 2003 and the insurance company, the appellant in FMA 269 of 2004, both are aggrieved by the award of the Motor Accidents Claim Tribunal, Alipore dated August 30, 2003 in MACC No.569 of 2002.
(2.)Four persons (Anumita Paul, Aritra Paul, Ankita Paul and Binapani Paul) together filed an application under s.166 of the Motor Vehicles Act, 1988 in the claims tribunal on September 20, 2002. They claimed fault liability compensation for the accidental death of one Dulal Paul. It was stated that Anumita, Aritra, Ankita and Binapani were Dulal's wife, minor son, minor daughter, and mother respectively.
(3.)Case stated in the s.166 application was this:
On July 21, 2002 at about 3.45 p.m. Dulal was driving his Toyota Qualis No.WB-02M-4752 on NH6 (Bombay Road). He was proceeding from "Salap side towards Alampur side" at a very low speed. An oil tanker No.WB-11-8777 was coming from opposite direction "at a terrific high speed, recklessly endangering human life and safety of others." Near one Pakuria Shyama Casting the oil tanker dashed the Qualis "with a great force and violating the Traffic/Road Rules." Dulal sustained severe injuries that caused his death. Rash and negligent driving of the oil tanker was the sole cause of the accident. Dulal was the family's breadwinner. He was a businessman and at the date of his death he was 41. His income for the assessment year 2001-02 was Rs.2,61,840 and he paid Rs.52,552 tax. The owner of the oil tanker and the insurance company whose a valid policy covered the oil tanker and Bajaj Allianz General Insurance Company Ltd., whose a valid policy covered the Qualis, became liable to pay them Rs.26,40,000 compensation with interest.



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