SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(Cal) 44

JAYANTA KUMAR BISWAS, SAHIDULLAH MUNSHI
Majera Bibi – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


Advocates Appeared:
For the Appellants:Saibalendu Bhowmick, Santosh Kumar Das, Advocates.
For the Insurance Company:Sanjay Paul, Advocate.

JUDGMENT

1. The Court: The appellants are aggrieved by an award of the Motor Accidents Claims Tribunal, Alipore dated January 9, 2007 granting them Rs.1.6 lakh compensation without interest, but ordering the insurance company to pay 9% p.a. interest, if it failed to pay the amount within the time mentioned in the award.

2. The appellants claimed compensation under s.163A of the Motor Vehicles Act, 1988. They filed the requisite application on January 4, 1999. They claimed Rs.2 lakh compensation (with costs) and 12% p.a. interest from the date of the application.

3. The case stated in the application filed before the claims tribunal was this. The claimants were the wife, mother and four children of one Golab Sk. who was killed in an accident caused by a truck no.WB-51-0696 on December 9, 1996. The victim was 28 and a potato seller. He used to earn Rs.3,000 per month. The offending vehicle was covered by a valid insurance policy issued by Oriental Insurance Co. Ltd. They decided not to claim any compensation under s.140.

4. The owner of the offending vehicle, a party to the case, chose not to contest the case. The insurance company contested the case by filing a written statement deny

































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top