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1974 Supreme(Cal) 215

C.N.LAIK, R.BHATTACHARYYA
MOTOR OWNERS INSURANCE CO. LTD. – Appellant
Versus
HRISHIKESH DAS – Respondent


Advocates Appeared:
BALAI CHANDRA ROY, BUDDHADEV CHATTERJEE, R.P.BAGCHI, SNEHANSHU SEKHAR ROY

LAIK, J.

( 1 ) THESE are the two appeals jointly by the Insurance Company (hereinafter referred to as the Company) and by one of the owners of the Bus -- one appeal against the husband Hrishikesh, and the other against the wife, Kaiyani.

( 2 ) THE appeals arose out of two applications, one by the husband and the other by the wife, giving rise to Motor Vehicle Case Nos. 31 and 32 of 1965, under Section 110-A of the Motor Vehicles Act (hereinafter referred to as the Act) for the recovery of compensation based on the same accident at Digha, when the bus knocked down both the petitioners, causing serious injuries to them.

( 3 ) THE husband laid his claim at Rs. 10,000/- and the wife laid her claim at Rs. 35,000/ -. Both the applications were heard analogously on the same set of evidence by the Motor Accidents Claims Tribunal viz. , the District Judge, Midnapore.

( 4 ) THE Tribunal below awarded a sum of Rs. 5,600/- towards the compensation of the husband and a sum of Rs. 13,681/- for the wife.

( 5 ) AGAINST the said award and decree, the aforesaid two appeals have been preferred. The respective claimant was the respondent No. 1 in each of the appeals and the other five Bus owners
































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