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2004 Supreme(Cal) 448

BHASKAR BHATTACHARYA, INDIRA BANERJEE
VIDHYAWATI – Appellant
Versus
A. GURUSWAMY – Respondent


Advocates Appeared:
Anita Hedge Arul, KRISHNA RAO, N.N.Nag

BHATTACHARYA, J.

( 1 ) THIS appeal under section 173 (1) of the Motor Vehicles Act, 1988 ('the Act'), is at the instance of the applicants under section 163-A of the Act and is directed against the award dated 14. 7. 2003 passed by the Motor Accidents claims Tribunal, Aandn Islands, Port Blair.

( 2 ) BY the said award, the Tribunal has allowed the claim of the appellants in part to the extent of Rs. 1,90,570. The Tribunal has awarded the aforesaid amount only for the injury sustained by the deceased but no amount has been sanctioned for the loss of life.

( 3 ) BEING dissatisfied, the applicants have come up with the present appeal.

( 4 ) THE following facts are not in dispute: on 3. 9. 1997, the predecessor-in-interest of the present appellants was proceeding on foot from Aberdeen Bazaar towards his residence when a taxi bearing No. AN 6426 dashed against him, as a result, he sustained bleeding injuries including fracture of his right leg. The victim underwent treatment as an indoor patient in G. B. Pant hospital for one month. As his condition did not improve, he was referred to N. R. S. Medical College, Calcutta for better treatment and accordingly he was shifted to calcutta




















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