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2001 Supreme(Cal) 435

SAMARESH BANERJEE, PRANAB KUMAR CHATTOPADHYAY
FATAMA MATUL BIBI – Appellant
Versus
ORIENTAL INSURANCE COMPANY LIMITED – Respondent


Advocates Appeared:
K.K.Das, KRISHANA BANIK, P.K.PAHARI

S. BANERJEA, P. K. CHATTOPADHYAY, JJ.

( 1 ) IN both the appeals a common question of law as well as fact having been involved, with the consent of the parties these two appeals have been heard analogously and will be governed by the same judgment.

( 2 ) AN appeal being F. M. A. No. 76 of 2001 has been preferred by the claimants against the judgment and award dated 11. 9. 2000 passed by the learned Judge, motor Accidents Claims Tribunal, Alipore, south 24-Parganas, in M. A. C. Case No. 482 of 1999 allowing the application under section 166 of the Motor Vehicles Act, 1988 and awarding a compensation for a sum of Rs. 60,000 only.

( 3 ) THE victim in this case was a child aged about 12 years and was a student of class III. The appeal has been filed by the claimants for enhancement of the amount of compensation.

( 4 ) ANOTHER appeal being F. M. A. No. 1633 of 2000 has also been filed by the claimant for enhancement of the amount of compensation. In the instant case, the victim was a child aged about 12 years and she was a student of class IV before her death.

( 5 ) IN both the appeals Mr. Banik, the learned counsel appearing on behalf of the appellants has contended relying on a fe














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