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2004 Supreme(Cal) 440

PRABIR KUMAR SAMANTA, MAHARAJ SINHA
HARENDRA NATH HAIDER – Appellant
Versus
NEW INDIA ASSURANCE CO. LTD. – Respondent


Advocates Appeared:
KRISHANA BANIK, PARIMAL PAHARI

PRABIR KUMAR SAMANTA, J.

( 1 ) THIS appeal has been preferred by the claimants against the judgment and award dated 12. 4. 2001, passed in M. A. C. Case No. 125 of 2000, by the Motor Accidents Claims Tribunal, 4th Court of Additional District Judge at alipore, South 24 Parganas.

( 2 ) THE above claim case arose out of an application under section 163-A of the motor Vehicles Act, 1988.

( 3 ) THE facts giving rise to the aforesaid claim case are that on 10. 10. 1998, when the victim was sitting on the pillion and her husband riding a motor cycle, the offending vehicle which was coming from the opposite direction in a very rash and negligent manner knocked them down, as a result, both the victim and her husband were seriously injured and ultimately the victim succumbed to her injuries. The above claim petition was filed by the husband and three children of the couple.

( 4 ) THE Claims Tribunal has passed an award for a sum of Rs 50,000 in favour of the claimants-appellants which has been challenged in this appeal. On the face of the said award, we are of the view that the claims Tribunal has absolutely misdirected itself in making the said award. On its own finding, that the accid














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