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2005 Supreme(Cal) 194

PRABIR KUMAR SAMANTA, ANIRUDDHA BOSE
PURNIMA SAHA – Appellant
Versus
UNITED INDIA INSURANCE COMPANY LTD. – Respondent


Advocates Appeared:
KRISHANU BANIK, RAJESH SINGH

Prabir Kumar Samanta And Aniruddha Bose, JJ.


( 1 ) THE appellants/claimants in the present action are the parents of a victim of a motor accident, who succumbed to injuries suffered from that accident on 23rd June, 2000. The, victim was the "khalasi", which broadly means helper in the common parlance of the transport trade. The death was caused on account of a collision between the bus, of which he was the khalasi, and a lorry.

( 2 ) THE appellants made a claim before the Motor Accident Claim Tribunal, 4th Court, Burdwan under section 163a of the Motor Vehicles Act, 1988 (the "act" in short) for an award of Rs. 3,00,000/- (rupees three lacs) as compensation, impleading the owners and the insurance companies of both the vehicles as opposite parties. Before the Tribunal, the death of the victim on account of accident between the two vehicles was proved, as also the insurance coverage of the vehicles. A sum of Rs. 3,00,000/- (rupees three lacs) was awarded as compensation upon considering the age of the victim, the applicable multiplier as contained in the second schedule to the Act, and the claim statement. The award also contained provision for interest, penal in nature, to be pai










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