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1999 Supreme(Cal) 447

S.B.SINHA, MAHEMMAD HABEEB SHAMS ANSARI
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
NAMITA DAS – Respondent


Advocates Appeared:
KAMAL KRISHNA DAS, Krishna Banik

S. B. SINHA, J.

( 1 ) THIS appeal at the instance of the Insurance Company is directed against a Judgment award dated 31-7-1996 passed by B. N. Biswas, Additional District Judge, (Judge, Motor Accident Claims Tribunal) Purulia in M. A. C. No. 1 of 1994.

( 2 ) THE question which has arisen for consideration is as to whether this appeal is maintainable.

( 3 ) MR. Das the ld. Counsel appearing on behalf of the appellant, inter alia, submitted that as the Judgment under appeal is without any reason and furthermore as in no case of compensation to the extent of Rs. 2,00,000/- had been awarded for death of a 15 year old girl, the impugned Judgment should be set aside. The ld. Counsel in this connection has referred to a series of decisions. There may be an arguable question as regard the quantum of compensation but in this appeal the only question which arises for consideration is whether such question can be gone into by this Court.

( 4 ) IN terms of the provisions of the Motor Vehicles Act, the defence of an Insurance Company is limited. For answering the aforementioned question the history of the relevant legislation, therefore, may be shortly noticed. In case of death or bodily in












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