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2009 Supreme(Cal) 784

B.Bhattacharya, Prasenjit Mandal
National Insurance Co. Ltd. – Appellant
Versus
Renuka Saha – Respondent


Advocates Appeared:
Pratik Prakash Banerji, Rajesh Singh, Hemendra Guha Roy, Suiov Guha Roy

JUDGMENT:

Bhaskar Bhattacharya, J.

1. THIS appeal and the cross-objection are directed against an award dated 19/6/2008 passed by Motor Accidents Claims Tribunal and Additional District Judge, Sixth Fast Track Court, Ali- pore, South-24 Parganas, in M.A.C. Case No. 44 of 2007 thereby disposing of an application under section 166 of the Motor Vehicles Act filed by the cross-objectors thereby directing the insurance company to pay compensation of Rs. 17,81,380 with interest at the rate of 6 per cent per annum from the date of filing of the claim application till payment.

2. BEING dissatisfied both the insurance company and the claimants have come up before this court by filing the appeal and the cross-objection respectively.

According to claimants on 1.8.2003 the victim, born on 1.4.1953, was travelling by autorickshaw which was hit by a Tata mini truck resulting in the death of the victim. There is no dispute that the mini truck was insured by National Insurance Co. Ltd., the appellant before us.

3. IT appears that claimant was in service with Jute Corporation of India as D.P.C. Manager and used to earn Rs. 20,135 per month as the gross salary. The claimants, therefore, claimed a sum







































































































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