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2009 Supreme(Cal) 736

BHASKAR BHATTACHARYA, PRASENJIT MANDAL
New India Assurance Co. Ltd – Appellant
Versus
Mita Samanta – Respondent


Advocates Appeared:
For the Appearing Parties:K.K. Das, Uday Sankar Chattopadhyay, Advocates.

Judgment :

BHASKAR BHATTACHARYA, J.

(1). This appeal is at the instance of the Insurance Company in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 18th July, 2007 passed by the Motor Accident Claims Tribunal, Fifth Court, Burdwan, in M.A.C. Case No.27 of 2006 thereby disposing of the said proceeding by awarding a sum of Rs.6,35,580/- in favour of the claimants with the observation that out of the said amount Rs.5,000/- should be exclusively awarded in favour of the widow as loss of consortium with a direction upon the Insurance Company to pay the said amount within a specified date along with interest @ 9% per annum from the date of application till the entire amount was paid. Being dissatisfied, the Insurance Company has come up with the present appeal.

(2). In the application for compensation, the claimants, the heirs and legal representatives of the victim, alleged that the victim while driving his own motorcycle was struck from behind by a truck insured by the appellant, as a result, the motorcycle hit the light post and the victim died. The victim was an employee of Punjab National Bank and was aged 46 years at the time of death.































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